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It depends on why you can't go. If it is a good enough reason, call the attorney who subpoenaed you and ask if you can be excused. If not, file a motion to quash the subpoena (you may need to hire an attorney to do this).

Subpoenas are legal documents issued by courts which require a person to attend court and give evidence or provide documents to the court. A patient's right to confidentiality is overridden when medical records are requested under a subpoena.A failure to comply with a subpoena can result in contempt of court.

You can sue your doctor for lying, provided certain breaches of duty of care occur. A doctor's duty of care is to be truthful about your diagnosis, treatment options, and prognosis. If a doctor has lied about any of this information, it could be proof of a medical malpractice claim.

First, falsifying a medical record is a crime punishable by a fine or even jail time. Additionally, altering medical records can make it harder for doctors to win medical malpractice cases. Juries do not trust liars, and a questionable change to a record implies that something is being covered up.

A subpoena issued by someone other than a judge, such as a court clerk or an attorney in a case, is different from a court order. A HIPAA-covered provider or plan may disclose information to a party issuing a subpoena only if the notification requirements of the Privacy Rule are met.

Examples of reasonable efforts to notify the patient include calling the patient or sending the patient a letter via mail or email explaining that you've received a subpoena requesting disclosure of their protected health information, and you are required to respond unless the patient has the subpoena set aside before

Most often, the attorneys involved in that case will serve a subpoena on a mental health professional to produce his or her records, give a deposition or come to trial and testify. Should you respond to that subpoena and turn over your records or give a deposition? The answer is usually NO.

Consult with an attorney to determine if a motion to quash the subpoena is necessary. Typically five years of prior records is reasonable, but it could even be less. An attorney should obtain the prior records via your signed authorization before deciding how to handle the subpoena.

Maryland Subpoena of Doctor for Medical Records

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FAQ

Can you get out of a subpoena for medical reasons?

Can my medical records be subpoenaed?

Can you sue a doctor for lying on your medical records?

What happens when a doctor lies in medical records?

Does a subpoena override Hipaa?

How do you respond to a subpoena for medical records?

Can mental health records be subpoenaed?

What happens when medical records are subpoenaed?

How far back can medical records be subpoenaed?

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