Medical records and bills are documents and information that are relevant to most personal injury claims and lawsuits and are routinely requested by defendants and their insurance companies (insurers) in the claims and litigation processes.
The defendant and the defendant's insurer usually have a broad right to inspect or discover these documents and information when they are relevant to a claim or lawsuit—even when the medical records and bills contain sensitive personal information.
The defendant or insurer may have the right to receive and inspect the claimant’s or plaintiff’s medical records and bills related to treatment for the injuries that are the subject of the personal injury claim—as well as previous medical records and bills if they prove a preexisting condition, previous injury, mental illness, or other information that might affect the validity or value of the current claim or lawsuit.
In Alabama, during the process of a personal injury claim or lawsuit, defendants and their insurers have the right to request and review the plaintiff's medical records and bills that are relevant to the claim. This is part of the discovery process, where each party can obtain evidence from the other. While medical records are generally protected by privacy laws, in the context of personal injury litigation, the plaintiff's medical history becomes pertinent to the case. The defendant or insurer may access not only the records related to the injuries from the current incident but also past medical records if they are relevant to issues like preexisting conditions or prior injuries that could influence the outcome of the claim. However, the scope of discovery is subject to the Alabama Rules of Civil Procedure, and the plaintiff can object to requests that are overly broad or not relevant. It's important to note that the disclosure of medical records in this context is typically subject to confidentiality agreements to protect the plaintiff's privacy as much as possible.