GETTING MEDICAL RECORDS
SUBPOENAS

(The information on this site applies to Florida only)

Once litigation is filed, defense lawyers can obtain copies of the records of the plaintiff under Rule 1.351. The defendant shall give a notice to every other party of his intent to serve a subpoena at least ten days before the subpoena is served. This ten day period is provided so that the other parties may object to the issuance of the subpoena. Under the rule and Florida case law, if any party objects to this method of obtaining the records, then the records shall not be obtained this way. See ABC Liquors v. Berkey, 589 So.2d 457 (Fla. 5th DCA 1991).The defense lawyer will still be able to get the records, but only in connection with taking a deposition of the person who has the records.


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 This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Malpractice laws vary from state to state and are constantly changing.   If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases.

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