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 Ohio, 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 scope of this right includes not only records related to the injuries from the current incident but also past medical records that might show preexisting conditions or previous injuries that could affect the claim. However, this right is not unlimited. Ohio law requires that the disclosure of medical records must comply with privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA). The plaintiff may be asked to sign a release to allow the defendant or insurer to access these records. If there is a dispute over the relevance or scope of the medical records requested, the court may intervene to determine what must be disclosed.