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 Delaware, as in many other states, during the course of a personal injury claim or lawsuit, the defendant and their insurance company 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 purpose of this is to determine the extent of the injuries claimed and to verify the validity of the claim. Delaware law requires that the disclosure of such records must be related to the injuries for which the plaintiff is seeking compensation. If the defendant believes that past medical history, such as preexisting conditions or previous injuries, may be relevant to the current claim, they may also request those records. However, the plaintiff's privacy is still protected under the Health Insurance Portability and Accountability Act (HIPAA), and proper authorization is typically required before medical records can be released. The plaintiff may need to sign a release form, or a court order may be necessary if there is a dispute over the relevance or scope of the records requested.