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 Utah, 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 plaintiff's medical records and bills that are relevant to the claim. This is part of the discovery process, where both parties involved in litigation are allowed to request evidence from each other. The purpose of this is to establish the extent of the injuries claimed and to determine any preexisting conditions that might affect the claim. However, this right is not unlimited. The Health Insurance Portability and Accountability Act (HIPAA) provides federal protections for personal health information and allows the disclosure of medical records for judicial and administrative proceedings if certain conditions are met, such as obtaining a court order or a HIPAA-compliant authorization from the patient. Utah state law also has provisions that protect the privacy of medical records, and any request for medical records typically requires a release signed by the patient or a court order. It is important for plaintiffs to understand that while defendants have broad rights to access medical records relevant to the injury claim, there are legal safeguards in place to protect patients' privacy and limit access to only those records that are directly pertinent to the claim.