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 Montana, 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 plaintiff'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's right to inspect these documents includes not only records related to the injuries from the current claim but also past medical records that might show preexisting conditions or previous injuries that could affect the claim. However, this right is not unlimited; the information requested must be relevant to the ongoing litigation. The plaintiff's privacy is also protected under the Health Insurance Portability and Accountability Act (HIPAA), which requires a signed authorization from the patient before their health information can be shared, unless an exception applies such as a court order or subpoena. Montana state law also provides specific guidelines and protections regarding the disclosure of medical records, which must be followed during the discovery process.