How to Subpoena Medical Records in California

Medical records often play a key role in proving or defending a claim in legal cases involving personal injury, malpractice, insurance disputes, or even custody battles. However, due to the sensitive nature of medical information, both federal and state laws strictly regulate how these records can be requested and disclosed via a subpoena. Any mistake in the process could delay your case, trigger legal objections, or even result in sanctions. That’s why you need to learn how to do it correctly.

To subpoena medical records in California, you must issue a subpoena duces tecum directed at the custodian of records, serve a Notice to Consumer, and comply with privacy laws like HIPAA and the CMIA. For certain types of records, such as mental health, substance abuse, or HIV-related information, you may also need patient consent or a court order.

On-Call Legal Process Servers is your go-to expert for all subpoena services, both within California and nationwide. Our certified process servers are always available to help you prepare and deliver your subpoena for medical records without any hassle. We do not just serve your subpoena; we also help you stay compliant and provide expert guidance throughout the process. Schedule a free consultation with us today to discuss your subpoena service needs and get started immediately.

This blog breaks down everything you need to know about legally subpoenaing medical records in California. You’ll learn which types of records can be subpoenaed, how to serve a valid subpoena, how patients can object, and what happens if there’s an objection.

Can You Subpoena Medical Records in California?

Yes, you can subpoena medical records in California if they’re relevant to a case. However, there are strict legal requirements and privacy protections in place to protect patient confidentiality. In California, a patient’s medical records are considered private and protected under both federal and state laws. That means even if someone wants to obtain them through a subpoena, there are strict rules in place to make sure the patient’s privacy is respected.

At the federal level, the Health Insurance Portability and Accountability Act (HIPAA) sets the rules for how medical records can be shared. Under the HIPAA privacy rule, a hospital, doctor, or any medical provider or their business associates can only release a patient’s records in response to a subpoena if the following conditions are met:

• The patient has authorized the disclosure in writing, or
• The party seeking the records provides satisfactory assurances, such as a notice to the patient or a protective order.

At the state level, apart from the general California subpoena service rules, the state has additional protections under the Confidentiality of Medical Information Act (CMIA). Under this rule, the party issuing the subpoena must notify the patient in advance, sometimes through their attorney. They send a formal “Notice to Consumer,” which also provides a form for the patient to object.

For a subpoena duces tecum, the requesting party must serve the subpoena with a declaration under California Evidence Code §1561 to confirm the authenticity of the requested medical records. If the records are considered psychotherapy notes or involve sensitive conditions (e.g., HIV/AIDS, substance abuse), court approval or additional safeguards may be needed.

What Medical Records Can Be Subpoenaed?

Whether certain medical records can be subpoenaed depends on the kind of information they contain and how closely that information relates to the legal case. Courts generally allow access to medical records relating directly to the case at hand. However, privacy laws still apply, and some types of medical records require stricter procedures or judicial approval before they can be released.

Examples of medical records that can be obtained via a subpoena request include:

1. General medical records such as treatment notes, diagnosis reports, prescriptions, lab results, hospital admissions and discharges, surgical records, and physical therapy logs.
2. Billing and insurance records from healthcare providers, including invoices, payment histories, and insurance claims.
3. Mental health records from psychologists, therapists, or psychiatrists. If psychotherapy notes are involved, a judge will usually have to approve their release, and the patient may have the right to object.
4. Substance abuse treatment records, usually governed by strict federal rules under 42 CFR Part 2, require the patient’s consent. There must be a court order and specific findings that the records are essential to the case.
5. HIV/AIDS status or testing records, which generally require a court order and a showing of compelling need, often with safeguards such as redacting personal identifiers.
6. Reproductive health records, which include information involving abortion, contraception, fertility treatments, and other reproductive services. These records may only be disclosed under limited circumstances and are often heavily redacted.
7. Records of minors that may require parental consent.

How Do You Subpoena Medical Records in California

To successfully obtain medical records via a valid subpoena in California, you need to understand the right steps to take to be sure you respect the patient’s privacy while accessing the information you need. Here’s a step-by-step guide to help you:

1. Confirm the Relevance and Accessibility of the Records

Before starting, make sure the patient’s medical records are directly related to the legal proceeding. If the records involve sensitive information, such as mental health treatment, substance abuse, HIV status, or reproductive health, you may need to obtain a court order or patient consent.

2. Prepare a Subpoena Duces Tecum

Make sure you prepare a Subpoena Duces Tecum, which is a type of subpoena that demands the production of documents or records, rather than requiring someone to testify. The subpoena must be addressed to the custodian of the relevant records. Moreover, the subpoena must be specific about what records are needed and why. Include the date, time, and place where the records should be delivered.

3. Serve a Notice to Consumer

If the subpoena involves records from a third-party medical provider, you must also serve a written Notice to Consumer under California Code of Civil Procedure §1985.3. The notice must be served at least 5 days before they serve the subpoena if served in person.

If the service is by mail within California, the notice must be served at least 10 days before. In addition, the notice and medical record subpoena must be served at least 10 days before the date of the deposition or court hearing.

4. File the Notice With the Court

If all parties involved have consented to a qualified protective order and issued a written statement, file it with the court clerk and include this written consent with the subpoena. Also, note that before sharing a patient’s protected health information with others, you must get their permission by having them sign a HIPAA release form.

5. Serve the Subpoena

Serve the subpoena on the healthcare providers or their legal representatives. The most preferred method is to serve the subpoena in person. You can also serve the subpoena by mail or any other service method approved in your jurisdiction if reasonable efforts to serve in person fail.

Remember that the subpoena service must be done according to how a subpoena is legally served in California. Failure to follow serve properly may render the subpoena invalid or provide a legal ground for a motion to dismiss for insufficient service of process. That’s why you need an experienced process server to make sure that your subpoena is served on time and correctly in accordance with the law.

5. Include a Declaration of Custodian of Records

Under Evidence Code §1561, the subpoena should include a declaration form for the custodian of records to sign. This form confirms that the records provided are true and complete copies. The declaration is important because it allows the documents to be used in court without requiring the medical provider to testify.

6. Comply with Privacy Laws

In all cases, you must follow the HIPAA and California’s CMIA. These laws may require a signed authorization form from the patient, a qualified protective order from the court, or a written statement by the judge to confirm that the records are essential and that privacy will be protected. For example, the executor of a deceased patient may need to authorize the release of the medical records of the deceased before you can subpoena and access them.

For very sensitive records, you may need to file a motion and explain to the court why the records are necessary. The court may allow only part of the record to be released or may require redaction to protect private details.

Common Reasons to Contest a Medical Records Subpoena

California law gives patients the right to object if someone tries to access their medical records without proper justification. Whether you’re a patient, an attorney, or a healthcare provider, it’s important to understand when and how an objection can be made, and what could happen next. There are several legitimate reasons to object to a subpoena for medical records. Some of these reasons include:

• Lack of relevance – the records requested have nothing to do with the legal dispute.
• Privacy violations – the subpoena may ask for highly sensitive information
• Overbreadth – the subpoena is too broad or vague
• Failure to serve a Notice to Consumer – the party requesting records doesn’t properly notify the patient
• Lack of authorization or court order – for particularly sensitive records like psychotherapy notes, HIV status, or substance use treatment

How to Object to a Subpoena for Medical Records

If you receive a subpoena for medical records and you’re not comfortable with the request, you can object to it by following these steps:

1. Act quickly after receiving the notice. You usually have 15 days from the date the Notice to Consumer is served to file an objection. If you miss this deadline, the medical provider may be allowed to release the records.
2. Prepare a written objection. The objection can be a simple letter sent to the party issuing the subpoena and the medical provider. Therein, clearly state that you object to the subpoena, why you’re doing so, and request that the records not be released.
3. Send a copy of the objection to all relevant parties, including the party who issued the subpoena, the doctor, hospital, or clinic in custody of the records, and sometimes, to the court if you’re filing a motion to quash.
4. File a Motion to Quash if needed. If the party that issued the subpoena refuses to withdraw it, the objecting party can file a motion to quash the subpoena with the court. This is a formal request asking the judge to cancel or limit the subpoena.

What Happens After an Objection Is Made?

Once an objection or motion to quash is filed, the medical provider is legally not allowed to release the records unless the court overrules the objection or the patient later withdraws the objection in writing.

Depending on the case, the court may quash the subpoena entirely if the judge agrees that the records shouldn’t be disclosed. In some cases, the judge may limit the scope of the subpoena by allowing only certain records to be released, limiting the timeframe or redacting sensitive content.

However, the judge may uphold the subpoena if the judge determines that the subpoena is valid and the records are relevant to the case. The provider will then be legally required to release the documents, often under a protective order to preserve confidentiality. In very sensitive situations, the judge may review the records privately to decide what should or should not be released.

How Long Can Medical Records Be Subpoenaed in California?

In California, medical records can be subpoenaed for two to ten years. Exactly how far back you can subpoena medical records depends on various factors such as the state record retention rules, statutes of limitations, types of case and records, and the type of health plan.

For example, the Business and Professions Code Section 2266 of the Medical Practice Act requires a physician to maintain medical records for at least seven years after their last date of service to a patient. Based on the health plan, records of health care services provided under the Medi-Cal program shall be retained for 10 years from the date the service was rendered, according to the Welfare and Institutions Code 14124.1.

Based on the statute of limitations, personal injury claims or lawsuits in California generally have a 2-year limitation period. On the other hand, medical malpractice claims have 1 year from discovery or 3 years from the date of injury, whichever comes first.

Additionally, subpoenas must comply with civil discovery deadlines. In civil cases, discovery (including the use of subpoenas) typically must be completed before trial or by the court’s cutoff date. This procedural deadline can limit when and how long records can be requested, even if they’re otherwise relevant.

Consequences for Failing to Comply with a Subpoena

Failing to comply with a subpoena for medical records in California can have serious legal consequences, especially for an administrative tribunal or grand jury subpoena. The penalties may affect all parties involved, including the healthcare providers, custodians of records, and sometimes even patients or third parties who were lawfully served.

For Medical Providers or Custodians of Records

When a healthcare provider or custodian of records is properly served with a subpoena and fails to respond or produce the requested records, they may be charged for contempt of court, which may result in court fines or, in extreme cases, jail time.

Apart from contempt sanctions, the provider may receive monetary sanctions such as fines or even attorney’s fees to the party who issued the subpoena. This often happens when the court finds there was no good cause for the failure to respond.

Sometimes, the court may issue an enforcement order compelling the provider to produce the records by a specified date. If they refuse the order, they risk facing more severe consequences. Moreover, a provider who regularly ignores subpoenas may lose their credibility as they may be flagged by the court in future legal proceedings.

For Patients Who Issue Improper Objections

As a patient, you have the right to object to a subpoena. But if you do so without a valid legal basis, the court may overrule the objection, which means the provider will go ahead to release the records. In some cases, the court may order the patient to pay fines for the delay. That said, it’s important to be sure you have a valid ground for objection to a subpoena for medical records, and also to follow the right steps.

Need Help Subpoenaing Medical Records?

Subpoenaing medical records in California is not something you want to approach casually. You need to understand the legal requirements, know the right timelines, and follow strict service requirements. Whether you’re requesting general treatment records or highly sensitive information, every step must be handled carefully and lawfully.

At On-Call Legal Process Servers, we help attorneys, law firms, investigators, and insurance professionals serve subpoenas that meet every legal requirement under California law. Our team makes sure that your subpoenas are prepared correctly, served legally, and supported with proper documentation so you don’t have to worry about missed deadlines or invalid service. Need help serving a subpoena for medical records in California? Contact us today to get it done right.

FAQ

What Do I Do if I Receive a Subpoena for Medical Records?

Carefully review the subpoena to confirm it was properly served and includes the required documentation, such as a Notice to Consumer and a signed declaration. If everything is in order and no objection is filed by the patient, comply by producing the records by the stated deadline.

Can I Subpoena Medical Records Without the Patient’s Consent?

Yes, but only under specific legal conditions, such as obtaining a court order.

How Long Does It Take to Receive Medical Records After Issuing a Subpoena?

Typically, records are due 15 to 20 days after the subpoena is served, depending on the type of case and whether a Notice to Consumer is required. Delays may occur if the patient objects or the court limits the request.

Should You Respond to a Legal Subpoena for Medical Records?

Yes. Failing to respond can result in legal penalties, including contempt of court or fines. If you believe the subpoena is improper, you must file a timely objection rather than ignore it.