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Risk Management Guide: Subpoenas

Record requests from attorneys and other legal representatives often pose a challenge for medical office personnel and can cause confusion. Because these requests need an legal signed authorization by the patient unless certain conditions exist, it becomes uncertain whether privacy regulations permit the disclosure of the information in response to a record request. Therefore, medical office personnel must understand the nature and request of the subpoena.

Subpoena: A subpoena is an order requiring the attendance of a person at a particular time and place to testify as a witness. It may require the person to bring documents. The subpoena may be to appear in court or a deposition. A subpoena can be signed by the court or an attorney. If the…

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.