Hospitals are often subpoenaed for medical records. These documents are used as evidence for legal cases such as wrongful death claims, personal injury cases, and domestic abuse lawsuits.
For instance, if you were injured by a third party, the best course of action is to seek treatment at a hospital and file a suit against the assailant. To support your case, your attorney or the court may issue a subpoena demanding the release of your medical records and billing statements.
If you’re based in Staten Island or the New York metropolitan region, you’ll likely subpoena medical records from the Staten Island University Hospital.
Staten Island University Hospital is a two-campus teaching hospital with numerous community-based health centers and laboratories. Its renowned Heart Institute is a premier destination for cardiac care in the state. They offer a broad range of services, including neurology, oncology, gynecology, palliative care, urology, and more.
How to Serve Subpoenas to Staten Island University Hospital
If you are served with a court-issued subpoena or grand jury subpoena duly signed by a judge, magistrate, or an administrative tribunal – you must provide the requested medical records. However, be sure to only disclose information outlined on the subpoena, nothing more. The documents should be given to the court – not to the party who requested that they be produced.
For example, if the subpoena demands records from a specific date, only provide records from that day. Do not release the patient’s complete record. Doing so would be a violation of privacy laws and the Health Insurance Portability and Accountability Act (HIPAA).
Meanwhile, attorney-issued subpoenas should comply with guidelines stated in Title 45 of the Code of Federal Regulations before the hospital can release any type of document.
- The hospital’s registered agent receives all subpoenas addressed to the administration.
- Subpoenas intended for medical staff like doctors and nurses may be served outside the hospital.
- Subpoenas intended for patients may be hand-delivered to the patient, guardian, or conservator.
Remember that medical record subpoenas must be accompanied by a $15 witness fee check and a HIPAA-compliant authorization. Failure to present a HIPAA authorization gives the hospital the right to refuse a request. Likewise, nonpayment of the witness fee frees witnesses from their obligation to appear in court.
How Far in Advance Must a Subpoena Be Served?
Subpoenas must be served on a hospital or doctor’s office within the pre-determined timeframe, or it is considered invalid.
- A subpoena for medical records should be served at least three days before the deadline set forth for producing the records unless otherwise stated by the court.
- A subpoena should be served on the deponent at least 20 days before deposition. Moreover, a notice stating the time and place of deposition should be given to all other parties.
Work with Reputable Process Servers in NYC
The New York State follows strict guidelines regarding the proper service of subpoenas on health agencies or staff. Ensure compliance with help from Serve Index LLC’s seasoned process servers. Rest assured, we will deliver and retrieve confidential documents safely and efficiently.
Secure the necessary medical records needed to build your case. Get in touch with us now to get a free quote.