White Paper

Medical Records in the Courtroom


Covered entities must make reasonable efforts to limit the protected health information used or disclosed to the minimum necessary.

The individual whose medical records are sought may sign an authorization allowing release of the records for the court proceeding. 45 C.F.R. 164.501. The authorization must meet the requirements set forth in the HIPAA Privacy Rule for authorizations. It must be in writing and contain specific information including, but not limited to, a description of the protected health information to be used or disclosed, the name of the person authorized to make the use or disclosure, and the name of person(s) to whom the requested use or disclosure may be made.

Learning Objectives

  • Review admissibility of medical records.
  • Understand the use of medical records in court proceedings.



Layna S. Cook

Layna S. Cook

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

  • Of counsel at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
  • Member of the Health Group
  • National presenter on health reform issues affecting issuers and employers
  • J.D. degree, LSU Paul Hebert Law Center; B.S. degree, magna cum laude, Louisiana State University
  • Can be contacted at 225-381-7043 or [email protected]

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