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 Missouri, 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 claimant's medical records and bills that are relevant to the case. This is part of the discovery process, where both parties involved in litigation are allowed to request evidence from each other. The purpose of this is to establish the extent of the injuries claimed and to determine any preexisting conditions that might affect the claim. However, this right is not unlimited. Missouri 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. The claimant may be required to sign a release to authorize the disclosure of these records to the defendant or insurer. It's important to note that only records relevant to the injuries claimed or to preexisting conditions that might affect the claim are typically subject to disclosure. An attorney can help navigate the complexities of these legal requirements and protect a claimant's privacy rights while complying with the law.