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 California, 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 can obtain evidence from the other side. The Health Insurance Portability and Accountability Act (HIPAA) allows for the release of medical records for litigation purposes under certain conditions, and California law also provides specific provisions regarding the disclosure of medical information in legal proceedings. While defendants can access records related to the injury in question, they may also access previous medical records if they are relevant to issues like preexisting conditions or past injuries that could affect the claim. However, the plaintiff's privacy rights are also considered, and any disclosure must be done in accordance with privacy laws and court orders that may limit the scope of the records to be disclosed. It's important to note that the disclosure of medical information is subject to protective orders and confidentiality agreements to safeguard the plaintiff's sensitive information.