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 Rhode Island, 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 access the claimant's medical records and bills that are relevant to the case. This is part of the discovery process, where both parties involved in litigation are allowed to request and exchange information that pertains to the case. The purpose of this is to establish the extent of the injuries claimed and to determine any preexisting conditions that may affect the claim. However, the access to medical records is not unlimited and must be related to the injuries for which the claimant is seeking compensation. Rhode Island law requires that the disclosure of such records is done in accordance with privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA), which protects sensitive patient health information. Defendants and insurers typically obtain medical records through a release signed by the claimant or through a court order if necessary. It is important for claimants to understand that while defendants have the right to access relevant medical information, there are legal protections in place to ensure that only necessary information is disclosed and that privacy is maintained as much as possible.