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 Oklahoma, 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 request and review the plaintiff's medical records and bills that are relevant to the claim. This is part of the discovery process, where both parties exchange information pertinent to the case. The defendant's right to access these records is typically broad, especially when the information is directly related to the injuries for which the plaintiff is seeking compensation. Additionally, the defendant may also request previous medical records and bills to determine if there is a preexisting condition or prior injury that could influence the current claim. However, the access to medical records is subject to privacy laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), which requires a proper authorization before medical information is released. In Oklahoma, the release of medical records is governed by state statutes, including the Oklahoma Uniform Health Care Information Act, which sets forth the conditions under which health care providers may disclose health care information. It is important for plaintiffs to understand that while their privacy is protected, relevant medical information will typically need to be shared with the defendant to proceed with the claim or lawsuit.