Q: if person did not authorize medical provider to release medical records

A: Yes. A subpoena is a court order.

A: Under California law, attorneys have the ability to subpoena medical records for legal proceedings, even if the patient has not authorized the release. This process is governed by specific rules and exceptions, ensuring that the request is relevant to the case at hand. The subpoena must be properly served on the medical provider, and there are safeguards in place to protect patient privacy and confidentiality.

However, the patient or their representative has the right to object to the release of these records. If an objection is raised, the court may review the necessity and relevance of the records to the legal matter before deciding whether they must be disclosed. This process ensures a balance between the need for information in legal cases and the protection of individual privacy rights.

It's also important to note that the Health Insurance Portability and Accountability Act (HIPAA) provides federal protections for personal health information, but it does allow for the disclosure of information for judicial and administrative proceedings, under certain conditions. Therefore, while an attorney can subpoena medical records, there are steps and protections in place to address privacy concerns and ensure that the process is conducted lawfully and ethically.

A: Yes, that's generally the route when normal avenues don't work. Things are still subject to HIPAA and other applicable healthcare/privacy laws. Good luck