I am not a lawyer, but here is my opinion:
My understanding is that the law does not recognize that any part of a record is "confidential" from discovery, whether it is a paper chart or electronic. As Adam points out, lawyers will tell you that ANY notes you keep (hand written in the margins, on scraps of paper in the chart...or in your desk); all must be produced in response to a subpoena.
If the patient's record is subpoenaed, you will likely produce a paper copy which would not include the confidential portion. And then?
