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 Colorado, 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 typically a HIPAA release form must be signed by the patient. Colorado law also has provisions that protect the privacy of medical records, but these protections do not prevent the disclosure of records that are pertinent to a personal injury case. Defendants may also access previous medical records if they are relevant to the case, such as demonstrating a preexisting condition that may affect the claim. It is important to note that while defendants have broad rights to access these records, the information must be directly relevant to the injuries claimed and the disclosure must comply with applicable privacy laws.