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News & Knowledge

Delaware Handbook: Subpoenas

WE HAVE RECEIVED A SUBPOENA FOR MEDICAL RECORDS. DO WE HAVE TO COMPLY?

Record requests from attorneys and other legal representatives can create confusion for the receiving medical practice. When such requests are not accompanied by a proper written authorization signed by the patient, it is not always clear if privacy regulations allow disclosure of the information. It is important first to define the difference among a court order, a subpoena, and an attorney request.
court order is an official proclamation signed by a judge (or panel of judges) that requires one or more persons or entities to carry out certain steps. A court order must be signed by a judge.
subpoena is an official court document commanding the appearance of a witness…

Curi’s risk mitigation resources and guidance are offered for educational and informational purposes only. This information is not medical or legal advice, does not replace independent professional judgment, does not constitute an endorsement of any kind, should not be deemed authoritative, and does not establish a standard of care in clinical settings or in courts of law. If you need legal advice, you should consult your independent/corporate counsel. We have found that using risk mitigation efforts can reduce malpractice risk; however, we do not make any guarantees that following these risk recommendations will prevent a complaint, claim, or suit from occurring, or mitigate the outcome(s) associated with any of them.

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