Business Finance
Why court order is needed in case of substance abuse instead of subpoena duces

Question Description

I don’t know how to handle this Business Law question and need guidance.

Why would a court order be required in the case of substance abuse records rather than a subpoena duces tecum?

Cite Material Please, and thank you

Student has agreed that all tutoring, explanations, and answers provided by the tutor will be used to help in the learning process and in accordance with Studypool's honor code & terms of service.

Final Answer

Attorneys usually do not issue a subpoena for records without first attempting to obtain them through informal means. Since subpoenas may be issued without the approval of the court, medical care practitioners should ensure that they are valid before releasing records by calling the issuing attorney and determining the circumstances of the case. In most states now, a subpoena for medical records should include a signed release by the patient. If the attorney is requesting records for persons other than his or her client, the physician may want to ask his or her own attorney to investigate the validity of the request. In cases that involve records with special legal protection (such as patients in a substance abuse treatment program) it may be necessary to request that the court deny (quash) the subpoena or restrict access to the records. The court may order that all patient identifiers be removed, or that the records be given to the judge, rather than the requesting attorney.

McCaffrey,B.(2007).Medical Evidence in Litigation.Retrieved from

Boston College

Top quality work from this tutor! I’ll be back!

It’s my second time using SP and the work has been great back to back :) The one and only resource on the Interwebs for the work that needs to be done!

Thanks, good work


Brown University

1271 Tutors

California Institute of Technology

2131 Tutors

Carnegie Mellon University

982 Tutors

Columbia University

1256 Tutors

Dartmouth University

2113 Tutors

Emory University

2279 Tutors

Harvard University

599 Tutors

Massachusetts Institute of Technology

2319 Tutors

New York University

1645 Tutors

Notre Dam University

1911 Tutors

Oklahoma University

2122 Tutors

Pennsylvania State University

932 Tutors

Princeton University

1211 Tutors

Stanford University

983 Tutors

University of California

1282 Tutors

Oxford University

123 Tutors

Yale University

2325 Tutors