by David R. Dearden | Oct 19, 2015 | Health Law
A subpoena is a type of legal order that commands either the production of documents to be used in a court proceeding or the presence of a witness for a deposition or trial. Most of our clients routinely receive civil subpoenas requesting the production of medical treatment records which are gathered for medical malpractice and personal injury lawsuits. Of greater concern are subpoenas issued by governmental authorities, including the State Board of Medicine, the Pennsylvania Attorney General, and the U.S. Attorney’s Office. All subpoenas should be handled with due diligence. Secure and Prevent the Changing of Records It is important for a healthcare practice to have a routine for handling the receipt of subpoenas. Most providers have a formal document retention policy that provides for the maintenance, storage and orderly destruction of documents. It is critical to identify those records that are potentially subject to a subpoena and prevent such records from being destroyed. An appropriate representative of the practice should take possession of records that have been subpoenaed so that they will not be altered or destroyed and secure them for safekeeping. Calendar Response Date The provider should maintain a log that records the date and time when the subpoena was received and the date a response is due. An evaluation should take place to determine whether or not the subpoena can be handled in a routine fashion or there is a need to seek the assistance of legal counsel. Any criminal or governmental investigatory subpoena should be referred to experienced counsel. It is helpful for the provider to acknowledge to the issuer of the subpoena that it...
