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 Tennessee, 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 Health Insurance Portability and Accountability Act (HIPAA) allows for the release of medical records for legal proceedings when a proper request is made, such as a subpoena or a discovery request, provided that certain protections are in place to safeguard the patient's privacy. Tennessee law requires that the plaintiff sign a HIPAA-compliant authorization form to release medical records. If the plaintiff's past medical history is relevant to the claim, such as evidence of a preexisting condition, the defense may also have the right to access those records. However, the scope of the medical records requested must be relevant to the injuries claimed and is subject to the court's discretion to prevent fishing expeditions into a plaintiff's medical history.