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 Arizona, during the process of a personal injury claim or lawsuit, defendants and their insurance companies 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 is allowed to obtain evidence from the other party. Under Arizona law, while a plaintiff's medical history is generally protected by privacy laws, when filing a personal injury lawsuit, the plaintiff may waive certain privacy rights regarding medical records that pertain to the injuries claimed. This means that defendants can access medical records and bills related to the treatment of the injuries in question, as well as past medical history that may demonstrate preexisting conditions or previous injuries that could influence the current claim's validity or value. However, the scope of this discovery is subject to limitations imposed by the court to ensure relevance and to protect the plaintiff's privacy rights as much as possible. It is important for plaintiffs to be aware that by bringing a personal injury claim, they are potentially opening up their medical history to scrutiny by the defense.