We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Medical Records Subpoena?

Mary McMahon
By
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A medical records subpoena is an order to produce medical records so that they can be used as evidence in court or in an investigation associated with a trial. Medical records can be subpoenaed in both civil and criminal cases, and there are some strict rules about when they can be ordered and released. These rules are designed to protect the confidentiality of such records while still providing a mechanism for examining them when it is necessary. Patients should remember that their records can be subject to subpoena and they will not necessarily be notified when their records are subpoenaed and released.

A lawyer on either side of a case can file a subpoena for medical records. The document must be directed at the person who controls a person's medical records, and it must be detailed in nature, naming the patient and providing the specific records sought under subpoena. When the order is received, the recipient has several options.

One option is to comply with the medical records subpoena and turn the requested documents over. Once surrendered, the documents are kept in a secured environment and examined only by the legal team. They may be entered into court as evidence and offered to the jury for inspection if they contain information that is relevant to arguments being made in the case.

Another option is to fight the subpoena. This can be done in several different ways. If a medical practitioner is working with one side in a case and opposing counsel files a medical records subpoena, the attorney who is working with the practitioner can file a motion to quash the subpoena. The judge will review the motion and rule on whether or not the records should be released, based on relevancy and other arguments. Physicians may fight release of records because they are concerned about confidentiality or entries in a record that could be used against someone in ways that are not relevant.

It is also possible to retain legal counsel to assist with responding to a subpoena. When a medical records subpoena is received and the recipient does not want to release the records, the recipient's attorney may be able to fight the release or negotiate an agreement for release of part of the records. It is important to note that simply ignoring a subpoena is not advised, as it can result in being fined and potentially jailed for contempt of court.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

By anon182609 — On Jun 02, 2011

What if a lawyer supoenaed your medical records for a criminal case and you had no knowledge they did that? Is there any recourse? Shouldn't I have been notified my medical records were being released to a law firm?

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Read more
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.