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 Minnesota, as in many other states, during the process of a personal injury claim or lawsuit, the defendant and their insurer have the right to access the claimant's medical records and bills that are relevant to the case. This is part of the discovery process, where both parties exchange information pertinent to the claim. The purpose of this is to determine the extent of the injuries claimed and to verify the validity of the claim. While medical records are protected under privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA), in a legal dispute, these protections can be waived to the extent necessary to litigate the claim. This means that the claimant's medical history, including previous injuries or conditions, may be disclosed if they are relevant to the current injury claim. However, the disclosure of such information is subject to court rules and orders, which aim to protect the claimant's privacy while allowing the defense to investigate the claim properly.