California Private Investigator Practice Exam

Who do you serve a subpoena Duces Tecum at a doctor's office?

1. The Doctor directly

2. The patient

3. The custodian of records

4. The hospital administrator

The correct answer is: The custodian of records

Serving a subpoena Duces Tecum at a doctor's office is properly done by delivering it to the custodian of records. The custodian of records is the designated individual responsible for maintaining and overseeing the records at a facility. This person is typically aware of the legal requirements regarding patient confidentiality and the retention of medical documents. By serving the subpoena to the custodian, you ensure that the request for the production of documents is handled according to legal standards and that the necessary records are retrieved and provided. This procedure helps to protect the interests of both the patient and the medical provider, ensuring that sensitive information is managed appropriately while complying with legal obligations. In contrast, serving the doctor directly may not guarantee that the proper records are obtained, as they may not have immediate access to all the necessary documents. Similarly, delivering the subpoena to the patient could violate privacy rights and isn't the appropriate legal protocol since the patient may not have custodianship over the medical records. Lastly, serving a hospital administrator may not be effective if they are not the designated custodian of records for the specific files requested. Therefore, directing the subpoena to the custodian of records is the correct and most effective course of action.