Confidentiality, privilege, and release of medical records under a subpoena duces tecum.
A physician's medical practice includes creating, maintaining, and releasing medical records. Such medical records can be an essential element in a civil lawsuit brought by or on behalf of a patient. Questions regarding their proper release under a subpoena duces tecum presented by a medical records collection company comprise one of the largest categories of inquiries the Texas Medical Association's Office of the General Counsel receives. (A subpoena duces tecum is a written court order commanding a person to produce in court certain designated documents or other evidence.) This article reviews the rules of evidence and civil procedure relevant to the release of medical records under a subpoena duces tecum in a civil case. It includes a suggested form for use by physicians when presented with a subpoena duces tecum by a records collection company.
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D003219:Confidentiality / Q000331:legislation & jurisprudence*; D008318:Malpractice / Q000331:legislation & jurisprudence*; D013781:Texas