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A subpoena is a request for the production of documents or a request to appear in court. A subpoena may be issued by the clerk of court or by an attorney.

Under HIPAA, a subpoena that is not accompanied by an order from a court or administrative agency does not allow the clinic to release medical records unless certain conditions are met.

There are three primary sets of conditions that allow a Clinic to release medical records in response to a subpoena, which we discuss in this article.

The Radiologist’s Duty

The duty of the radiologist is not limited to detecting and reporting pertinent findings following a radiologic study. The radiologist’s duty extends to ensuring that the report was received, understood and acted upon, as well as ensuring that active communication and information exchange between the healthcare providers occurs. Of particular concern are abnormal or critical findings in radiology reports.

NORCAL's Risk Management Specialists offer the following electronic health record (EHR) best practices based on lessons learned in litigation.

Consider these risk management recommendations for what to do and what not to do when you discover a missed finding.