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 North Carolina, during the process of a personal injury claim or lawsuit, defendants and their insurance companies have the right to request and review the plaintiff's medical records and bills that are relevant to the claim. This is part of the discovery process, where each party can obtain evidence from the other side. The purpose of accessing these documents is to evaluate the extent of the injuries claimed and to determine any preexisting conditions that might affect the claim. However, the Health Insurance Portability and Accountability Act (HIPAA) and state privacy laws ensure that such information is disclosed in a manner that protects the patient's privacy. The plaintiff may be required to sign a release form to authorize the disclosure of medical records to the defendant or insurer. It's important to note that while defendants have broad rights to access relevant medical information, the scope of discovery can be challenged and is subject to limitations imposed by the court to protect sensitive personal information that is not pertinent to the claim.