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 Florida, during the process of a personal injury claim or lawsuit, defendants and their insurers 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. Florida law requires that the disclosure of medical records must comply with privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA). However, when a plaintiff brings a personal injury claim, they effectively waive their right to privacy regarding medical information pertinent to the injuries claimed. Defendants can request medical records that may show a preexisting condition or previous injury that could impact the claim's validity or value. The plaintiff may be required to sign a release to allow the defendant or insurer to obtain these records. It's important to note that while defendants have broad rights to discover relevant medical information, the scope of discovery can be contested and is subject to limitations imposed by the court to protect the plaintiff's privacy rights where appropriate.