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 Oregon, as in many 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 scope of this right includes not only records related to the injuries from the current incident but also past medical records that could demonstrate preexisting conditions or previous injuries that might impact the claim. However, the access to these 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 records can be released. In Oregon, the release of medical records is also governed by state statutes, including ORS 192.553 to 192.581, which outline the conditions under which health information may be disclosed. It's important to note that while defendants have broad rights to access relevant medical information, there are still legal protections in place to ensure that the plaintiff's privacy is respected and that only pertinent information is disclosed.