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 Indiana, as in many other states, during the process 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 involved in litigation are allowed to obtain evidence from each other. The scope of this right is generally broad, allowing the defense to inspect documents that pertain to the injuries for which the plaintiff is seeking compensation. Additionally, they may also request medical records that predate the injury in question if they believe these records could reveal preexisting conditions or prior injuries that might impact the current claim. However, the access to medical records is subject to privacy laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), which requires a proper authorization before medical information is released. In Indiana, the release of medical records is also governed by state statutes, such as the Indiana Code 16-39-1 et seq., which outlines the procedures and conditions under which medical records may be disclosed. It is important for plaintiffs to understand that while defendants have rights to relevant medical information, there are legal protections in place to ensure that the disclosure of such information is handled appropriately and with respect for the plaintiff's privacy.