Frequently Asked Questions

I just received a subpoena for medical records and/or deposition. What should I do?


As a busy healthcare professional, it is likely you may be subpoenaed at some time during your career to provide medical records or give a deposition concerning your care of a patient. In many instances this is an everyday occurrence and unrelated to criticisms regarding your care and treatment. For example, your patient may be involved in some type of personal injury or workers' compensation accident where your records or testimony as a treating physician are necessary to prosecute or defend the personal injury lawsuit or workers' compensation proceeding. Keep in mind that state laws vary, but in many jurisdictions the attorneys defending personal injury or workers’ compensation claims are not permitted to discuss the patient’s case with you absent written authorization from the patient. Their only means of getting information regarding your care and treatment is a formal deposition proceeding with all parties to the suit present. If you are comfortable that is the case with the subpoena and are experienced in giving depositions, it is not necessary that you contact our Claims Advice Hotline.

If, however, you are not certain about the purpose for the records or deposition subpoena, or have concern that either the patient or other parties already named in the lawsuit could be attempting to claim some wrongdoing on your part, you should contact us immediately so we can proceed in your defense, if necessary. Call our Claims Advice Hotline, 1-800-640-6504, to discuss your situation with a professional claim representative. Again, treat the subpoena just as you would any formal claim against you. DO NOT attempt to contact the patient or the patient’s attorney to discuss the subpoena or any other paperwork you may receive.

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