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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.

Generally speaking, once a physician-patient relationship is established, the physician has an ongoing responsibility to the patient until the relationship is properly terminated. Improper termination can result in a patient abandonment claim.

Timing must be a primary consideration when contemplating termination of treatment. To avoid abandonment, a physician must give a patient a reasonable opportunity to safely continue care with another healthcare provider. Patients with acute conditions may find it next to impossible to safely locate a new provider. For various other patients — the indigent, rural dwellers, individuals with rare conditions or combinations of conditions — it could take longer than average. Safely dismissing patients in these circumstances may take additional effort, planning and documentation.¹