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 Massachusetts, 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 right is grounded in the principles of discovery, which allow parties in a lawsuit to obtain evidence from each other to prepare their cases. The scope of discovery can include any non-privileged material that is reasonably calculated to lead to the discovery of admissible evidence. Therefore, medical records and bills related to the injuries claimed, as well as any past medical history that may be pertinent to the current injury or claim, such as preexisting conditions or previous injuries, can be requested. However, this right is not unlimited. Massachusetts law requires that such requests must be compliant with privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA), which protects sensitive patient health information. A plaintiff may be required to sign a release to allow the defendant or insurer access to these records. If there is a dispute over the relevance or scope of the medical records requested, a court may need to intervene to determine what must be disclosed.