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 Vermont, 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 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 accessing these records is to assess the extent of the injuries claimed and to determine any preexisting conditions that might affect the claim. Vermont law requires that the disclosure of such records must comply with applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA). HIPAA provides federal protections for personal health information held by covered entities and allows the disclosure of personal health information needed for patient care and other important purposes. In the context of litigation, a HIPAA-compliant authorization or a court order may be required for the release of the claimant's medical records to ensure that sensitive personal health information is protected and only disclosed when legally permissible.