Portal Login:
  • Clients
  • Providers
  • Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer
    Portal Login:
  • Clients
  • Providers
  • About MCN
  • Careers
  • MCNTalk
  • Contact Us

MCN | Medical Consultants Network

The Power of a Second Look

  • Services
    • Independent Medical Examinations
    • Medical Peer Reviews
    • Bill Review Services
    • Utilization Reviews
  • Expertise
    • Short and Long-Term Disability
    • Workers’ Compensation
    • Auto/PIP/Casualty/Liability
    • Independent Review Organization Services
  • For Clients
  • For Providers
  • Your Exam
    • About Your Exam
    • About Your External Review
    • Contact & Scheduling
  • Schedule Now
  • About MCN
  • MCNTalk
  • Careers
  • Contact Us

MCNTalk
News, Insights & Opinions

Home / MCNTalk / Hospital fulfills subpoena, gets hit with privacy suit

May 18, 2010

Hospital fulfills subpoena, gets hit with privacy suit

Conflicting duties may occur in the law. This case from the American Medical News is an excellent example. A grand jury issued a subpoena to the Cleveland Clinic for medical records. The patient whose records were released sued for breach of privacy. The case is not settled.

While I assume that the Cleveland Clinic is a smart place with many able attorneys, it may be the case that in this matter, they were caught between conflicting duties. Apparently they were prohibited from notifying the subject of the subpoena of the inquiry, since it came from a grand jury. But it is likely that further steps may have taken place before complying. Anyone can issue a subpoena. They do not require or generally receive any sort of judicial review and may be inappropriate or overbroad, and can be objected to if not quashed. They may however not be ignored.

A key issue with any subpoena is that the subject of the subpoena ought to be notified and given the right to object, and the recipient of a subpoena on a patient ought not automatically comply without careful review as to privacy issues. Physicians ought to consider consulting their own attorney in such matters. Many times their malpractice carrier will provide assistance at no cost in such matters.

http://www.ama-assn.org/amednews/2010/05/03/prca0503.htm

47.608945-122.332015

Share this:

  • Twitter
  • Email
  • More
  • Facebook
  • Reddit
  • Print

Tagged: Health Policy, Legal Issues Leave a Comment

Previous Post
Next Post

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

fourteen + 12 =

Primary Sidebar

Recent Posts

  • The Quality Divide: What Makes a Quality IME Physician?
  • The Quality Divide: Is Your Vendor Driving IME Excellence?
  • The Quality Divide: When and How to Request an IME?
  • April Clinic Calendars Are Available
  • MCN’s Client Portal Login Page is Changing

Archives

Footer


  • Twitter
  • LinkedIn

Quick Links

  • Services
  • Expertise
  • About MCN
  • Careers

Division Headquarters

MCN
1200 5th Ave., Ste. 650
Seattle, WA 98101

See all offices

Email Us

General Inquiries: info@mcn.com
Sales & Marketing: marketing@mcn.com

Call Us

206.343.6100
800.248.6269

© Copyright 2022 Mitchell International, Inc. All Rights Reserved.

  • Privacy Policy
  • Sitemap
loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.