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 Pennsylvania, 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 both parties exchange information pertinent to the case. The scope of this right includes not only records related to the injuries claimed but also past medical records that might show preexisting conditions or previous injuries that could influence the current claim's validity or value. However, this right is not unlimited. The Health Insurance Portability and Accountability Act (HIPAA) provides federal protections for personal health information, and Pennsylvania law also has provisions to protect patient privacy. Therefore, the disclosure of medical records typically requires the plaintiff's consent, and the information must be specifically related to the injuries claimed in the lawsuit. Any request for medical records must be carefully managed to ensure compliance with privacy laws and relevance to the case at hand.