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 Kentucky, as in many 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 exchange information pertinent to the case. Kentucky law requires that the disclosure of medical records must comply with the Health Insurance Portability and Accountability Act (HIPAA) privacy rules, which protect sensitive patient health information. However, once proper authorization is provided, or a court order is issued, defendants can obtain medical records that may show a preexisting condition or previous injury that could impact the claim. It's important to note that while defendants have broad rights to discover these documents, the scope of discovery is still subject to limitations imposed by the court to ensure relevance and protect against unnecessary invasions of privacy.