Attorneys representing patients sometimes reach out to SMPH-employed providers about legal matters like personal injury claims, workers compensation matters, or family law proceedings. The attorneys may reach out to you as a treating provider, seeking to arrange a phone call or meeting, to request a report or potentially wanting deposition or trial testimony. SMPH-employed providers can always reach out to SMPH Risk Management or the UW Office of Legal Affairs with questions about such contacts. It is best to reach out sooner rather than later. Here are some things to keep in mind when contacted by outside counsel:
- HIPAA-compliant authorization: In most situations, a HIPAA-compliant authorization allowing for the disclosure of protected health information (PHI) would be needed before disclosing PHI to an outside attorney – even though the attorney represents the patient. There can be exceptions to this requirement. We encourage you to first reach out with questions about the sufficiency of an authorization or whether one is needed in a particular situation.
- Subpoenas: There are rules in place that determine if a subpoena is properly issued (e.g. the correct language, coming from the right person/place) or properly served (e.g. how you receive it). Those rules can vary depending on the nature of the case and where the case is venued (e.g. Wisconsin circuit court, the circuit court of another state or in federal court). You can reach out with any questions about whether something labeled “subpoena” is a proper and effective subpoena requiring you to take some action. These types of documents often tell you that you are supposed to do something on or by a particular date. It is important to reach out with any questions about subpoenas as soon as possible.
- Documents requests: Attorneys sometimes request that you produce documents or other items to them. Documents requests may be part of a “subpoena” or they may be less formal such as a request from an attorney in a letter, call or other communication. Before producing things like documents, it is important to consider whether you can produce them and to understand whether you are required to do so. Reach out with any questions about document/material production.
- Copies of medical records: When attorneys request copies of the UW Health medical record, they should be directed to the UW Health’s medical records department to follow their process for medical record requests.
- Receiving documents: If you receive a summons and complaint (the initiation of a lawsuit), a notice of claim letter, a request to the Medical Mediation Panel or any similar document you must contact the UW Office of Legal Affairs immediately.
You can reach SMPH Risk Management at rebbe@wisc.edu or (608) 263-2914 with questions on outside attorney contacts.