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 Connecticut, as in many states, during the course of a personal injury claim or lawsuit, the defendant and their insurer have the right to access the plaintiff's medical records and bills that are relevant to the claim. This is part of the discovery process, where both parties are allowed to request and exchange information pertinent to the case. The scope of this right includes not only records related to the injuries claimed but also past medical records that might show preexisting conditions or previous injuries that could affect the claim. However, this right is not unlimited. Connecticut law requires that such requests be made formally and often with the plaintiff's consent, unless a court order is obtained. The Health Insurance Portability and Accountability Act (HIPAA) also provides federal protections for the privacy of medical records, requiring that any disclosure of health information be done in compliance with its rules. Therefore, while defendants and insurers can access relevant medical information, they must do so in a manner that respects the claimant's privacy rights and complies with applicable laws and regulations.