News & Analysis as of

Subpoenas Medical Records

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First Look Agreements: A Strategic Solution for Discovery Disputes

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Collecting evidence in litigation is critical to building a strong case, but it can be tricky – especially when opposing counsel raises objections. When subpoenaing records from a third-party witness, disputes often arise...more

U.S. Legal Support

Challenges in Medical Record Management & Retrieval

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Medical record retrieval is critical to a wide variety of legal disputes. These include cases directly about healthcare-related concerns alongside others that could depend on facts proven through the types of medical records...more

U.S. Legal Support

What Is Included in Medical Records?

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A medical record is a documented account of an individual’s medical history, which can be information that can make or break certain legal cases. Most individuals will have unique medical information from multiple providers...more

U.S. Legal Support

Attorney Request for Medical Records: A Guide

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A negligent surgeon, auto accident, personal injury, bar fight—many legal cases require requesting, analyzing, and organizing medical records. Whether you’re representing the plaintiff or the defendant, you’ll want to reduce...more

Bricker Graydon LLP

[Event] Women in Litigation Lunch & Learn - September 27th, Columbus, OH

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Please join us as Bricker attorneys and distinguished experts discuss a myriad of topics designed to provide you with valuable information that you can put to immediate use. We'll also provide networking opportunities to...more

Kennedys

Beyond borders: how to obtain a plaintiff’s medical records located outside the US

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A staple of personal injury litigation in the United States concerns the gathering and exchange of a plaintiff’s medical records through the discovery process. These records are often critical to defendants and must be...more

Harris Beach Murtha PLLC

Health Care Providers Beware: Subpoenas Continue to Be a Source of Concern

A recent Connecticut Appellate Court decision highlights the importance of health care provider attention to subpoenas involving patient information.  In January 2018, our office published a summary of a then-recent...more

Husch Blackwell LLP

Cook County Issues Revised HIPAA Order, Narrowing the Utility of Medical Provider Subpoenas

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On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were...more

Cranfill Sumner LLP

HIPAA Compliance in Response to a Subpoena

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We are frequently approached by health care providers who have received a subpoena demanding patient records for a lawsuit to which the health care provider is not a party. Often times these subpoenas arrive without warning...more

Buchalter

California Appellate Court Stands with Physician to Protect Patient Confidentiality As Government Scrutiny over Prescribing...

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The opioid crises has raised a number of concerns for physicians, particularly those treating chronic illness. Heightened regulatory scrutiny of physician activity raises questions over how physicians should respond to...more

Holland & Hart - Health Law Blog

Producing Records of Other Providers

There is a common misunderstanding that healthcare providers may not or should not produce medical records that were created by another healthcare provider. Under HIPAA, patients have a right to access all records that a...more

Steptoe & Johnson PLLC

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

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A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

Holland & Hart - Health Law Blog

Producing Patient Records: The “Designated Record Set,” the “Legal Health Record,” and Records Created by Other Providers

Healthcare providers often misunderstand their obligation to provide patient records in response to a request from a patient or third party....more

Seyfarth Shaw LLP

Sixth Circuit Signs Off On EEOC Subpoena In UPS Disability Discrimination Case

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Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide...more

Mintz - Privacy & Cybersecurity Viewpoints

HIPAA spring check-up: Your obligations to safeguard third-party patient health information in medical records produced in...

You’ve had your apple a day, but you can’t keep the subpoenas away… And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears...more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

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Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

Foley & Lardner LLP

Telemedicine Prescribers Should Read This Case: U.S. vs. Zadeh

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Health care providers who use telemedicine for remote prescribing of controlled substances should pay close attention to an important case currently pending at the Fifth Circuit Court of Appeals. The case will decide whether...more

Brooks Pierce

Physician Practices Be Alert: You Might Be Violating HIPAA If You Produce Medical Records In Response To State Court Subpoenas

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Over the past months, my experiences with physician practices have made me realize that many practices do not understand how HIPAA applies to subpoenas for medical records. More worrisome, I suspect that many practices...more

Robinson & Cole LLP

Beware medical records subpoenas: Connecticut Supreme Court issues opinion on negligence for noncompliance with HIPAA standards

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Health care providers and their medical records custodians constantly find themselves under pressure to release medical records immediately upon receipt of a subpoena. However, regardless of the subpoena or the pesky...more

Mintz - Health Care Viewpoints

Provider Beware: HIPAA and State Privacy Laws May Inform Negligence Suits

A recent opinion from the Connecticut Supreme Court illustrates that HIPAA is not the only law that covered entities and business associates must worry about if an unauthorized disclosure of protected health information (PHI)...more

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