Documenting Sexual Assault in Michigan

Following the revelations of Larry Nassar’s serial sexual assault of hundreds of young athletes, legislators in the state of Michigan began pushing significant reforms to enhance and protect the rights of victims.

“Some of Larry Nassar’s victims’ would have been barred because of the existing statute of limitations. That fact and what we learned about the victims’ experience and the mindset that can cause years-long delays in reporting sexual abuse crimes resulted in changes in the law,” says Daniel J. Schulte, a health law attorney with Kerr, Russell and Weber in Detroit. “The medical record retention periods are the thing that has changed the most as a result of the scandal.”

New Michigan State Laws on Statute of Limitations

At least 37 different bills were introduced in the state legislature in response to the Nassar scandal. Some have already been signed into law, while others are working their way through the legal process and may be enacted in the coming years.

Medical and health professionals and health care providers in Michigan should ensure that their practice is in full compliance with all relevant Michigan law regulations. However, Schulte explains that telling a physician what the statute of limitations is for a claim is not as simple as looking up a number. It depends on various factors, including the type of treatment involved, the age of the patient, and the body part involved.

“And on and on it goes,” says Schulte, “until you end up with very complex formulas that you have to go through to figure out if the statute of limitations is going to apply to a claim. After these bills, if you’re performing medical treatments where a sexual assault claim could arise, our advice is to keep the medical care records for a minimum of 10 years. If it’s a minor patient, retain them until they reach age 33.”

Medical Records Are Key Evidence in Legal Cases

In both civil and criminal sexual assault cases, medical records and health records are an important form of evidence. It is crucial that all physicians and facilities have a strong system in place to ensure that these sensitive medical records and medical information are kept secure and carefully maintained in compliance with state law.

“I have a lot of physician clients who want to retire asking how long they should keep their records. It’s not a simple question anymore. This is just the latest example of how it has been made more complex,” Schulte says.

Physicians and Health Facilities Must Follow Best Practices

This is why physicians and medical practice managers should consult with an experienced healthcare lawyer or legal representative for guidance—and not just for medical retention laws. As Schulte notes, the Nassar case is a reminder of several potential liabilities.

“Larry Nassar was a criminal performing criminal acts, and what he was doing is not reflective of the physician community. In my mind, he stands alone,” says Schulte.

“This situation and the fallout from it does serve as a reminder of some best practices that physicians ought to be following,” Schulte adds, including:

1. “Educating your patients about their diagnoses and treatment. It ought to be crystal clear before you begin a treatment exactly why you’re doing it and what you’re doing.”
2. “And when necessary and prudent, or a patient requests it be done, have a nurse or chaperone in the room while a procedure is being conducted so there is a witness.”

Such practices will protect you from potential claims and set your patients’ minds at ease.

Find Legal Help

Visit the Super Lawyers directory to find contact information for experienced healthcare law attorneys in your area. Learn more about protected health information and procedures for the release of information under the federal law known as HIPAA (the Health Insurance Portability and Accountability Act) or get more general information on this area of law through our overviews of healthcare law and sex offenses.