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 South Carolina, as in many other states, medical records and bills are critical pieces of evidence in personal injury claims and lawsuits. Defendants and their insurers are entitled to request and review these documents to assess the validity and value of a claim. This right is grounded in the discovery process, which allows both parties in a lawsuit to obtain evidence from each other. Under South Carolina law, while a defendant or insurer has the right to access relevant medical records and bills, this access is not unlimited. The information must be pertinent to the injuries claimed and is typically obtained through a process that includes a signed release from the claimant or a court order. Additionally, South Carolina has privacy laws that protect patients' medical information, such as the South Carolina Physician-Patient Confidentiality Act, which requires patient consent for the release of medical records, except in certain circumstances. However, in the context of litigation, when a plaintiff puts their medical condition at issue, they may be required to disclose relevant medical records, even if they contain sensitive information. It is important for claimants to understand that previous medical history, including preexisting conditions, may also be subject to disclosure if they are relevant to the current injury claim.