How to Petition the Court to See Medical Records in Pennsylvania
If you are involved in a lawsuit where a party's physical condition is at issue (such as in a personal injury action where the party is claiming permanent disability), you may need to see the party's medical records in order to determine if the party is telling the truth. The proper procedure to see these medical records is to file a discovery motion with the court and to deliver that motion to the agency that has the party's medical records. Note that the party may object to the request and you will have to argue the basis for requiring it. The court will grant or deny your request.
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Instructions
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Determine if the need to see medical records is relevant to the claim (and not protected by the Constitution or some other statute). Just because you are involved in a lawsuit does not mean you have access to the party's medical records; something in the case must warrant the right to see medical records. If the party's medical condition is "at issue" (such as an allegation of permanent impairment), you may have grounds to see the medical records.
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Provide written notice to the other party and to the court that you intend to subpoena the party's medical records. The notice must be made at least 20 days before you issue the subpoena. For an example of the form of the notice, refer to Pennsylvania Rule 4009.24 (see Resources).
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Draft a subpoena duces tecum to produce the party's medical records. A subpoena duces tecum is a formal request made to a person that is not a party in the lawsuit to provide you with documents or records. This subpoena varies from other subpoenas such as a subpoena ad testificandum (which requires a party to appear and testify in court). The request to see medical records needs to be made to whoever has the party's medical record (typically, physicians or hospital record departments). For a form to help you draft this document, refer to PA Rule 4009.26 (see Resources).
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Wait and see if the party objects to your request. An objection must be made on the record. If an objection is made, the court may require the parties to appear and argue why the subpoena should be granted and why it should not. Be prepared to argue your case in front of the judge. If the judge grants your request, draft a subpoena. If not, you can ask to preserve this issue for an appeal if necessary.
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File your subpoena with the court and deliver your subpoena to the other party and to whomever will be providing you with the records (the medical personnel or hospital). The party receiving the subpoena will need to deliver the documents to you.
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Tips & Warnings
There are two main types of subpoenas: a subpoena duces tecum (which requires a party to produce a document or other evidence) and a subpoena ad testificandum (which requires a party to appear in court and to testify). For a more detailed discussion on subpoenas, see the link in the resources below.
Be advised: the law often changes and is filled with potential pitfalls for those seeking to handle their own legal problems. You are strongly encouraged to seek the assistance of an attorney in your area.
References
Resources
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