Person

Introduction

Appellant, Priscilla Feldsher, D.C., a nonparty witness, appeals from an order of the trial court requiring her to comply with a deposition subpoena and pay $3,014 in sanctions. In this appeal we are called upon to address the issue of whether a health care practitioner may refuse to comply with a valid deposition subpoena calling for the production of her patient’s records until the patient or the patient’s attorney signs a lien supplied by the health care practitioner. We hold that the records belong to the patient and the health care practitioner has no right to hold the records hostage in this manner. We therefore hold that the trial court did not err in requiring the health care practitioner to comply with the subpoena [[]]. Accordingly, the order is affirmed.

Factual and Procedural Synopsis

John Person sought treatment from Feldsher, a chiropractor, for injuries he sustained in an automobile accident. Person completed his treatment in February 1993. Seeking reimbursement of his expenses from his insurance company, Person requested his medical records from Feldsher.

On July 15, 1993, Person’s attorney, Robert Barta, wrote to Feldsher requesting…