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 Mississippi, 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 claim. This is part of the discovery process, where both parties are allowed to request and exchange information pertinent to the case. The defendant can request current medical records and bills related to the injury in question, as well as past medical history that may demonstrate preexisting conditions or previous injuries that could influence the current claim. However, this right is not unlimited. The Health Insurance Portability and Accountability Act (HIPAA) provides federal protection for personal health information, and any disclosure must comply with HIPAA regulations. Mississippi law also requires that the disclosure of medical records must be relevant to the case and obtained through proper legal procedures, such as subpoenas or written authorization from the patient. It is important to note that sensitive personal information is protected, and any irrelevant information to the claim should not be disclosed.