Some records, even if there is a valid subpoena, should not be turned over unless there is a court order or an express authorization to turn over the records.
Even if the patient makes an issue of their mental health in a lawsuit, there can be no waiver of the mental health record information - you must have an authorization or court order to turn over these records. However, in the face of a court order or authorization, a mental health provider still has a gatekeeper function, and can withhold the information if they reasonably believe the submission of this information could jeopardize the treatment of the patient. This video reviews the different types of special records that this applies to and how to respond when special information is included in a chart.
Matthew P. Keris, Esq.
Marshall, Dennehey, Warner, Coleman & Goggin
- Shareholder in the office of Marshall, Dennehey, Warner, Coleman & Goggin
- Practice emphasizes 20 years' representation of hospitals and health care systems in medical professional liability claims
- Conducts regular seminars and workshops on numerous medical malpractice, professional liability and electronic medical records issues
- Author of several publications related to the areas of medical malpractice, professional liability and electronic medical records issues and wrote the ThomsonReuters book, Electronic Medical Records and Litigation
- Past president, Pennsylvania Defense Institute; president, Pennsylvania Association for Healthcare Risk Management; ASHRM; DRI; CLM
- J.D. degree, Roger Williams University School of Law; B.A. degree, cum laude, Shippensburg University of Pennsylvania
- Can be contacted at [email protected] or 570-496-4602
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