you supervise the correspondence unit of the health information services department of a medical center. Today, you received a subpoena duces tecum from an attorney, demanding either the originals or copies of all health records concerning Mary Smith, who allegedly is or was a patient of the medical center. The subpoena lacks sufficient information for you to determine whether Mary Smith is or was a patient in your facility. The subpoena is not accompanied by a valid authorization to release information for Mary Smith, as required in your state. How should you respont to the subpoena?

For me, I would reply in writing as soon as I could, stating that inspection will be sanctioned as long as there is a complete and valid release form shown before you could be able to produce the records. Once you receive such information you will be able to obtain the relevant files or records and give them to the attorney.

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mahima6824soni mahima6824soni · Answer 2 · 2022-02-12T06:45:08+01:00

As there is a lack of sufficient information to determine whether Mary Smith is or was a patient in your facility.

So first I will demand full and legal information from the patient, then I will submit the subpoena duces tecum to the attorney.

What is subpoena duces tectum?

A subpoena duces tecum is a sort of subpoena that orders a witness to produce a document or documents that are relevant to the case.

A subpoena is a court order that requires a witness to appear and testify at a specific time and location.

A subpoena duces tecum is an order requiring a witness to bring documents, books, or other materials within his, her, or their possession that he, she, or they are legally required to produce into evidence.

Thus, I will collect sufficient records, then I will submit the subpoena.

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