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 New Jersey, 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 is allowed to obtain evidence from the other side. The scope of this right includes not only records related to the injuries claimed but also past medical records that could show preexisting conditions or previous injuries that might impact the current claim. However, this right is not unlimited. New Jersey law requires that such requests must be relevant to the issues in the case, and there are privacy protections in place to prevent unnecessary disclosure of medical information. The Health Insurance Portability and Accountability Act (HIPAA) also provides federal protections for personal health information, requiring that proper authorization be obtained before medical records can be released. In some cases, a protective order may be sought to ensure that sensitive information is not disclosed more widely than necessary.