Okay, let’s say Joe the angry ex sues Jane, claiming Jane had an abortion after the heartbeat standard. Joe’s lawyer wants to produce the medical records that will prove Jane had an abortion, but there are certain rules about producing evidence in court.
First of all the clinic isn’t going to give just anybody records, because that is opening themselves up for liability for violating HIPAA.
Joe’s lawyer is supposed to ask Jane’s lawyer to voluntarily produce records first. Jane’s lawyer will decline the request for production on the basis of medical records being privileged.
Next Joe’s lawyer can try a subpoena duces tecum, which requires the court’s approval. Subpoenas are an exception to the privacy of medical records. Jane’s lawyer will be notified and will have a chance to ask that the judge quash the subpoena, but in this case the records requested are likely to be highly relevant and the judge will probably okay the subpoena. Likewise the records custodian may ask the court for a qualified protective order (a promise that the records will only be used for the present litigation and not for any other purpose), in fact must ask for one if Jane declines to personally sign off on the subpoena. The court may in sensitive situations call for the records to be presented to the court itself rather than to the moving party’s lawyers. In such cases the judge will personally review the records for relevancy or appoint a special master before releasing them to either party. In this way if Jane had also discussed STDs or other potentially embarrassing but irrelevant information at the clinic, Joe the angry ex doesn’t get a hold of that.
But realistically before even getting to rules of evidence Jane’s lawyers will ask for the law to be invalidated as unconstitutional undue burden on aborting a nonviable fetus in light of Planned Parenthood v Casey.
~Max, not a lawyer