Beware of Subpoenas from Insurance Attorneys that Require disclosure of more than your medical records!!

[Guest guest]

Dear Doctors:

I apologize, but I re-post this earlier email sent with attachment to you to at 1:26 PM, in the event the email didn't get through to one or more of you due to the attachment's size and your spam/junk mail filter. I think it's important enough to you and the profession that it warrants re-sending without the attachment. You can look for my earlier email with attachment at about 1:26 PM in your junk or spam folders.

Any questions, please feel free to give me a call.

G.

Gatti, Gatti, Maier, Sayer, Thayer, & Associates

1781 Liberty St. SE

Salem, OR 97302

1-(800) 289-3443

msmith@...

Dear Doctors:

It came to my attention late last week and over the weekend that Allstate Insurance Company (and perhaps other insurers) has been issuing subpoenas duces tecum "In the Name of the State of Oregon" under the guise of innocuous medical records subpoenas, which actually demand that you produce more than just your patient's chart notes and bills. The one subpoena I have before me I believe is unconstitutional both procedurally and substantively, in that it demands private documents of a chiropractor that I do not believe either Allstate or the State of Oregon have the constitutional right to seize, search, copy, or even find out whether such documents exist.

I believe the subpoenas are misleading, because they say "In the Name of the State of Oregon," and are on pleading paper. They contain no notice as to the statutory authority under which they were issued and served, they contain no notice that the subpoena may purport to require the search and seizure of documents the issuer may have no constitutional right to search or seize, and they are unaccompanied by any notice that they were not in fact approved by any judge, nor do they tell the recipient how they should send a letter of objection if the recipient believes the demand for documents is unreasonable or invasive of constitutional rights to privacy.

So, I've filed a Motion to have the whole system of subpoenas issued upon chiropractors (which would lead any reasonable person to believe that they might be held in contempt of court if they don't permit the invasion of privacy--something that's doubly troubling for a chiropractor who the OBCE requires to obey all laws and to do no harm to a patient).

So two things: (1) If you or a colleague ever get one of these disguised medical records subpoenas, don't panic. Give us a call; and (2) If you or any of your colleagues have ever gotten a subpoena like the one in the attached Motion and Brief (especially if it scared you into allowing the invasion of your privacy by complying with what looked to you to be an Order from a Court or Judge), then I'd like to hear from you, and I'd like to receive a copy of whatever subpoena you or a colleague may have received from an attorney paid by an insurance company.

I will treat all replies confidentially.

FEEL FREE TO READ THE ATTACHED BRIEF. HOPEFULLY IT WILL CONVINCE YOU TO ADVISE YOUR COLLEAGUES TO BEWARE OF SUCH TACTICS EMPLOYED BY INSURANCE COMPANIES AND THE ATTORNEYS THEY PAY. THE BRIEF IS PUBLISHED WITH THE CONSENT OF THE INTERESTED DOCTOR, WITH JUST ONE OR TWO THINGS REDACTED. I DO NOT REPRESENT THE PATIENT/PLAINTIFF. I JUST REPRESENT THE INTERESTED DOCTOR IN THIS CASE.

G.

Gatti, Gatti, Maier, Sayer, Thayer, & Associates

1781 Liberty St. SE

Salem, OR 97302

1-(800) 289-3443

msmith@...

[Guest guest]

Dear ,

Do you have any idea why Allstate is requiring such things? I am concerned this

is a laying a foundation for uniform practice and policy guidelines.

s.fuchs dc

>

> Dear Doctors:

>

> I apologize, but I re-post this earlier email sent with attachment to

> you to at 1:26 PM, in the event the email didn't get through to one or

> more of you due to the attachment's size and your spam/junk mail filter.

> I think it's important enough to you and the profession that it warrants

> re-sending without the attachment. You can look for my earlier email

> with attachment at about 1:26 PM in your junk or spam folders.

>

> Any questions, please feel free to give me a call.

>

>

> G.

>

> Gatti, Gatti, Maier, Sayer, Thayer, & Associates

>

> 1781 Liberty St. SE

>

> Salem, OR 97302

>

> 1-(800) 289-3443

>

>

>

> msmith@...

> <blocked::blocked::blocked::mailto:msmith@...>

>

>

>

> Dear Doctors:

>

> It came to my attention late last week and over the weekend that

> Allstate Insurance Company (and perhaps other insurers) has been issuing

> subpoenas duces tecum " In the Name of the State of Oregon " under the

> guise of innocuous medical records subpoenas, which actually demand that

> you produce more than just your patient's chart notes and bills. The

> one subpoena I have before me I believe is unconstitutional both

> procedurally and substantively, in that it demands private documents of

> a chiropractor that I do not believe either Allstate or the State of

> Oregon have the constitutional right to seize, search, copy, or even

> find out whether such documents exist.

>

> I believe the subpoenas are misleading, because they say " In the Name of

> the State of Oregon, " and are on pleading paper. They contain no notice

> as to the statutory authority under which they were issued and served,

> they contain no notice that the subpoena may purport to require the

> search and seizure of documents the issuer may have no constitutional

> right to search or seize, and they are unaccompanied by any notice that

> they were not in fact approved by any judge, nor do they tell the

> recipient how they should send a letter of objection if the recipient

> believes the demand for documents is unreasonable or invasive of

> constitutional rights to privacy.

>

> So, I've filed a Motion to have the whole system of subpoenas issued

> upon chiropractors (which would lead any reasonable person to believe

> that they might be held in contempt of court if they don't permit the

> invasion of privacy--something that's doubly troubling for a

> chiropractor who the OBCE requires to obey all laws and to do no harm to

> a patient).

>

> So two things: (1) If you or a colleague ever get one of these

> disguised medical records subpoenas, don't panic. Give us a call; and

> (2) If you or any of your colleagues have ever gotten a subpoena like

> the one in the attached Motion and Brief (especially if it scared you

> into allowing the invasion of your privacy by complying with what looked

> to you to be an Order from a Court or Judge), then I'd like to hear from

> you, and I'd like to receive a copy of whatever subpoena you or a

> colleague may have received from an attorney paid by an insurance

> company.

>

> I will treat all replies confidentially.

>

> FEEL FREE TO READ THE ATTACHED BRIEF. HOPEFULLY IT WILL CONVINCE YOU TO

> ADVISE YOUR COLLEAGUES TO BEWARE OF SUCH TACTICS EMPLOYED BY INSURANCE

> COMPANIES AND THE ATTORNEYS THEY PAY. THE BRIEF IS PUBLISHED WITH THE

> CONSENT OF THE INTERESTED DOCTOR, WITH JUST ONE OR TWO THINGS REDACTED.

> I DO NOT REPRESENT THE PATIENT/PLAINTIFF. I JUST REPRESENT THE

> INTERESTED DOCTOR IN THIS CASE.

>

>

> G.

>

> Gatti, Gatti, Maier, Sayer, Thayer, & Associates

>

> 1781 Liberty St. SE

>

> Salem, OR 97302

>

> 1-(800) 289-3443

>

> msmith@...

>