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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11300
Experience:  Licensed Texas General Practice Attorney
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I have found about 1000 abandoned medical records in 2 of my

Customer Question

I have found about 1000 abandoned medical records in 2 of my storage units in Waukegan Illinois past tenant claims not his. they are all 10 years old or more. can I legally dispose of them ? and if so what am I legally required to do to dispose of them ? can I just throw them into my dumpster?
Submitted: 11 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 11 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

That would be up to you. Yes, you can dispose of them if you don't have any good faith belief that they belong to any certain individual. At this point, they would certainly be considered to be "lost" or "abandoned" under the law (which looks to the facts of the situation and a reasonable person standard).

ScottyMacEsq :

Since you don't have any requirement to safeguard these records under the law, you could just throw them away, but I would highly suggest getting them shredded.

ScottyMacEsq :

The reason is that IF it is discovered that you disposed of them and it causes someone financial harm, they could still try to sue you, even if unsuccessfully. Better to completely destroy the documents than just throw them away in a manner where they could still be discovered.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

Customer:

I guess I should get a certificate of destruction from a shredding company to protect myself ? do I have to list each of the 1000,s of records ?

ScottyMacEsq :

No. Again, since these are abandoned records, you don't have any obligation to any of them. It would be a good idea to have evidence that they were destroyed, etc... as well as a rough approximate of how many records.

ScottyMacEsq :

But that would be to protect you just in case. Proving destruction of abandoned property should suffice.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Hello?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

Customer:

scotty. thanks so much can you email me a copy of our conversation so I can send it to my general manager my email is rXXXXX@XXXXXX.XXX .your answer is for sure a 5 !

ScottyMacEsq :

Unfortunately I don't have any access to your email address (JustAnswer doesn't let me have access to that) and even if I did, it would be against the terms of service to send you any communication off site. After you rate this, though, this will switch from chat to Q&A, at which point you'll be able to print it out, or copy and paste, etc...

Customer:

thanks scotty

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11300
Experience: Licensed Texas General Practice Attorney
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