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 Hawaii, as in many other states, defendants and their insurers have the right to access a plaintiff's medical records and bills during the discovery phase of a personal injury claim or lawsuit, provided that these documents are relevant to the case. This right is typically exercised through a process known as discovery, where parties to a lawsuit can request information that is pertinent to the litigation. The scope of discovery in Hawaii is governed by the Hawaii Rules of Civil Procedure, which allow for a broad range of information to be exchanged, including medical records. However, the disclosure of medical records is subject to privacy laws, such as the Health Insurance Portability and Accountability Act (HIPAA), which requires a patient's consent or a court order to release records. In the context of personal injury litigation, plaintiffs often have to sign a release to allow the defendant or insurer to obtain relevant medical records. If a plaintiff refuses to provide consent, the defendant can seek a court order compelling the disclosure of the records. It's important to note that while defendants have the right to access relevant medical information, they are not entitled to a plaintiff's entire medical history—only those records that pertain to the injuries claimed and any preexisting conditions that might be relevant to the case.