Court Orders and Subpoenas for Records

(This page discusses a non-patient (third party) initiated request for a physician to provide confidential patient records (protected health information) without a signed patient authorization.  One example is when you treat a patient for injuries received in an auto accident, and the attorney for the other (negligent) driver sends you a subpoena for the patient’s records.  This type of request is not the same as when patients exercise their own right of access to records, which should be freely and promptly provided, if it is a valid request.  For information on the difference between authorization and right of access, click here)

If you are served with a third party’s subpoena or a court order for patient records, you must respond to it (even if your response is to challenge it) to avoid being in contempt of court.   However, your response may differ depending on the documents and circumstances in the case.  Whenever records are sought by a third party, and not by the patient under his/her right of access, you should not automatically turn over records.