Release of medical records.

• Author: Karatinos, Nicholas E.
• Position: Letters - Letter to the Editor

The February article by John D. Buchanan, Jr. ("Subpoenas Duces Tecum vs. HIPAA: Which Wins?") suggests that a physician honor court subpoenas for medical records.

A physician should exercise caution prior to releasing confidential, HIPAA-protected medical or psychiatric records in response to a subpoena if the patient has not given the physician a signed release authorizing disclosure of the records. The subpoena is a demand from a third party for the records. It is not a consent from the patient. Must the doctor be responsible to determine whether the patient in fact is a party to a lawsuit? Have patients changed their mind and decided not to request compensatory damages based upon medical reasons when faced...