When do I need the patients written consent to release medical records in order to respond to a civil subpoena?
This is a somewhat complicated issue. In general, if you receive a subpoena in a case where your patient is party to the suit, and which includes a “deposition upon written questions,” you may safely assume that all parties have been notified and have had an opportunity to object or to quash the subpoena. Records can then be released under the subpoena. If your patient is not a party to the suit, or the subpoena does not include a “deposition upon written questions,” then you cannot assume all parties have been notified. In such cases, consider this advice published in Texas Medicine: “If you cannot determine from the subpoena that the patient’s medical records can be released or if you have some well-justified concern about releasing patient records (for example, confidential information about another person who has not consented to the release is in the medical records), then you may contact the requesting attorney and ask for a signed written authorization under Rule 166(b)(2)(H), T
