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Can I subpoena your medical records during the course of your lawsuit? Would you like to learn the answer? Come join me as I share with you this great information. Hi. Im Gerry Oginski. Im a New York medical malpractice and personal injury trial lawyer practicing law here in the state of New York. The answer is no. During the course of your lawsuit, whether its a medical malpractice case, whether its a car accident case or even a wrongful death case, we cannot use subpoena powers during the course of your litigation in order to get your records. Instead, the only time we are really allowed to use that is as we are approaching trial and during the course of trial. Now if we need to get copies of your medical records, one of the ways to do that is to get a permission slip from you. Thats known as a HIPAA authorization. We take that slip together with a cover letter, send it off to the doctors office or to the hospital and now there is a procedure and we can actually get copies of
