Can Medical Records be Subpoenaed?

July 28, 2025

If you work in healthcare, you have a professional, legal, and ethical duty to maintain your patient’s privacy. But what would you do if you were requested by a court or authorized body to release your patient’s medical records? Many professionals wonder: Can you subpoena medical records? The answer is yes—under certain legal conditions. Yes! Subpoenas for medical records are common in the discovery of legal matters.

However, you might be concerned whether subpoenas are issued for improper reasons. These might stigmatize vulnerable people and damage patient-practitioner relationships. Therefore, subpoena for medical records in legal proceedings can be burdensome for lawyers and healthcare professionals. Read on to learn more. 

What is a Subpoena?

Protected health information (PHI) breaches have impacted over 176 million patients in the United States. Most of these incidents occurred due to employees’ carelessness and failure to comply with HIPAA rules. A subpoena is a written order requiring an individual to attend court and either provide testimony or submit specific documents. Medical practitioners are often asked to release their patients’ medical records under subpoenas. Legal professionals typically use subpoenas to obtain medical records, which may serve as evidence in personal injury, malpractice, or compensation claims.

Can Medical Records be Subpoenaed?

Healthcare providers frequently receive subpoenas requiring them to attend depositions or other proceedings and produce patients’ medical records as evidence in medical-legal cases. Subpoenas are issued either by a court or an attorney.

For court-issued orders, the requested information must be disclosed even if it is protected under HIPAA privacy rules. For attorney-issued subpoenas, PHI can only be disclosed if HIPAA requirements are satisfied and patients are appropriately notified.

Subpoena And Patient’s Confidentiality

A subpoena does not automatically override a patient’s right to confidentiality under HIPAA. However, it does not, by itself, allow healthcare professionals to discuss patient records with the attorney who issued the subpoena or any third parties.

Healthcare professionals should only disclose records or share patient information with third parties when they have proper authorization from the patient, typically provided in a written statement.

HIPAA and Subpoena Medical Records

HIPAA (Health Insurance Portability and Accountability Act) restrictions do not apply to legal professionals who request PHI for civil litigation or an administrative proceeding. However, they limit the covered entity’s ability to produce the patient’s protected information in response to such requests. Therefore, understanding the requirements will ensure that records can be acquired seamlessly.

HIPAA implemented national standards to protect health information from disclosure without the subject’s consent or knowledge. The regulations include restrictions on the use, disclosure, transmission, and maintenance of such information. 

Types of Subpoena for Medical Records

If you receive a subpoena for medical records under HIPAA, verify its validity. If the subpoena is not valid, you are not obligated to respond. Subpoenas are categorized based on their issuers, with the primary types being

Court-Issued Subpoena 

If a subpoena is signed by a judge or magistrate and issued as part of a tribunal or grand jury proceeding, the request must be honored. You should provide the requested health information but may object by specifying the grounds for objection.

If no objections exist, disclose only the information explicitly outlined in the court order. Providing additional information beyond the request constitutes an impermissible disclosure of PHI. For example, if the subpoena requests records for a specific date, you are not required to provide the entire medical record.

Attorney-Issued Subpoenas

When an attorney or court clerk issues a valid subpoena, HIPAA permits the disclosure of medical records, provided one of the following conditions is met:

• A written statement and documentation demonstrate a good faith effort to notify the patient. The notice must include sufficient details to inform the patient of their right to object to the subpoena.
• A written statement confirms that all parties involved in the lawsuit have agreed to a qualified protective order to maintain confidentiality. The order specifies that the information will be used solely for the lawsuit.
• The covered entity has made reasonable efforts to notify the patient, stating that a response is required by law. The patient must also be informed of their right to object to the disclosure of their PHI.
• A valid HIPAA authorization is obtained from the patient, permitting the covered entity to release the medical records and comply with the subpoena.

HIPAA Checklist: Subpoena for Medical Records

Ensuring a proper response to a subpoena for a patient’s medical records depends on various factors. These include the legitimacy of the subpoena, the extent of the request, and the timeframe for compliance. 

Mishandling such requests leads to HIPAA violations for healthcare organizations. Therefore, the process should be followed accurately and in full compliance with the necessary regulations. To maintain complete HIPAA compliance, follow the protocol measures below.

• Verification of the Subpoena: A subpoena with the signature of a judge, magistrate, or administrative individual transforms into a court order. So, healthcare providers should release the requested medical records when presented with a court order.
• Patient Notification And Objection Period: Upon acquiring a subpoena, healthcare providers should adhere to the HIPAA Privacy Rule’s notification requirements. Patients will have the opportunity to reduce the release of their medical information during this period. However, be sure to note that objections are only raised against subpoenas and not court orders.
• Minimum Necessary Standard: Healthcare providers should adhere to the Minimum Necessary Standards of the Privacy Rule. This rule mandates the release of a minimum amount of records to fulfill the specific request. Consequently, patients will also have a precise understanding of the extent of the medical records being shared.

Read More: What is the HIPAA Minimum Necessary Standard?

How to Subpoena Medical Records?

Now that you know the answer to can medical records be subpoenaed, it’s time to know how to do it correctly. A subpoena is a legal request to produce documents for a court case. Here are some best practices to follow if you are planning to subpoena medical records.

Request Record Types Individually

Larger and established healthcare facilities often maintain individual departments for each record type –  medical or billing. Therefore, including the term ‘any and all records’ within the subpoena, medical records will have the risk of not receiving the records from certain departments. Requesting record types separately will ensure that you will receive the full record file from the correct department.

Include Dates of Service

Using vague terms like ‘any and all records’ may result in higher custodian fees and incomplete document sets. This happens especially if the patient has been treated often over the years. Instead, it is recommended to include the dates of service within your subpoena request. This will reduce the number of pages received and result in a decreased invoice amount from the custodian of records.

Expect Delays

Due to the COVID-19 ramifications in the legal system, delays have become more common, especially in medical facilities. It primarily happens due to the overall uptick in records requested by subpoena medical records. Therefore, the earlier the subpoena can be prepared and issued, the better the results will be.

These subpoenas for medical records often arrive without warning and demand extensive exposure on a tight deadline. Although most healthcare professionals are aware of HIPAA, they are not aware of its role in the context of subpoenas. 

Tips to Limit Liability Risk

Releasing medical records in violation of HIPAA and state laws can subject you and your organization to penalties. It will also lead to several damages for breach of confidentiality. To minimize your liability risks, here are some tips for incorporating while handling subpoenaed medical records.

• Seek to request patient authorization. Inform them that the patient’s medical record is being requested as a part of the legal proceeding. 
• If you received a letter that the patient has been notified, request written documentation to provide the statement.
• Request for proof that the requesting attorney or opposing counsel has sought a qualified protective order.
• Acquire a protective order for yourself or your premises to seek protection from HIPAA laws while disclosing required information.
• Ensure to respond in a timely fashion to avoid any civil damages and court penalties.
• Once you receive a subpoena for a deceased patient, get immediate permission from the next of kin or the authorized parties.
• Create a subpoena procedure for your healthcare facility. Always ensure that clerks, receptionists, and every other member of the workforce are aware of the ramifications of unlawfully disclosing medical records.
• Conduct training with your staff members to learn how to validate subpoenas and what to do regarding protected health information.

Read More: What Are the Consequences of a HIPAA Violation?

Stay Responsible for the Maintenance of your Medical Records

HIPAA and state privacy laws protect patients from the unlawful disclosures of one’s medical records. However, subpoenas for medical records can appear complicated and also raise concerns about patient confidentiality. However, with proper HIPAA training and awareness, you will have a better understanding of the confidential act and what to do with protected health information.

When the patient’s medical record is summoned in court, the first step is to understand whether a state judge or an attorney issued the subpoena. It will help you stay compliant with HIPAA while ensuring that you’re protecting your firm against patient confidentiality laws. Moreover, when in doubt, always seek legal counsel to know your responsibilities in a court proceeding.