Who Owns The Patient Files?
“You’re terminated immediately. Patient files are clinic property—you have no access.”
When Dr. Emily, a young chiropractor, informed the clinic owner she was leaving to start her own practice, she expected a professional transition. Instead, she received an abrupt late-night text:
“You’re terminated immediately. Patient files are clinic property—you have no access.”
Confused and frustrated, Emily wondered how she could ensure continuity of care for her patients while navigating this sudden end to her associate position.
This situation is not uncommon for chiropractors transitioning from an associate role to independent practice. It often leads to debates about who owns the patient files. The truth is neither the departing chiropractor nor the clinic owner owns them. Legally, the information within those files belongs to the patient.
Patient health information is protected by privacy laws that emphasize the distinction between ownership and custodianship. While the physical or electronic records may be created and maintained by a healthcare provider or clinic, the personal health information contained within them is owned by the patient.
The healthcare provider or clinic acts as the custodian of these records, responsible for safeguarding them, maintaining confidentiality, and providing access when requested.
From Dr. Emily’s perspective, access to patient files is critical for ensuring continuity of care. Patients who choose to follow her to her new practice will need their health histories transferred to support seamless treatment. Privacy laws prioritize this continuity by granting patients the right to request copies of their records or authorize their transfer to another provider. However, Emily cannot simply take the files with her; proper protocols must be followed.
Patients must provide explicit consent to authorize the transfer of their records. Without this consent, Emily cannot access or move any information. Custodians are legally required to provide copies of records promptly upon request, ensuring patients’ rights are respected. For Emily, clear communication with her patients is essential—informing them about her departure and explaining how they can transfer their records ensures transparency and compliance with privacy laws.
From the clinic owner’s perspective, patient files represent a significant business asset tied to the practice’s value and continuity. Losing patients—and their associated revenue—can be detrimental if many choose to follow a departing associate. However, denying patients access to their records or refusing transfer requests violates privacy laws and could lead to legal consequences.
To protect business interests while respecting patient rights, clinic owners can establish clear agreements with associates regarding access to patient files during and after employment. They should also communicate with patients about changes in care providers and offer options for continuity within the clinic or with the departing chiropractor.
In disputes like this one, neither party has absolute ownership over patient files. The patient is the rightful owner of their personal health information, while the clinic acts as its custodian. Both parties must prioritize patient rights above personal or business interests.
Returning to Dr. Emily’s story: after notifying her patients about her departure, several requested that their records be transferred to her new clinic. Following proper protocols, these requests were processed by the clinic’s custodian in compliance with privacy laws.
This resolution underscores an important lesson for chiropractors: clear agreements and adherence to legal standards are essential when navigating practice transitions. Respecting patient rights ensures both chiropractors and clinics maintain trust—a cornerstone of chiropractic care—and uphold their ethical obligations during such transitions.