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 Washington State, during the process of a personal injury claim or lawsuit, defendants and their insurance companies 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 each party can obtain evidence from the other. While medical records are protected under privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA), in a legal dispute, these protections can be overridden by court orders or by the plaintiff's consent, typically provided through a signed release form. The defendant or insurer may access not only the medical records related to the injuries from the current claim but also past medical records if they are pertinent to preexisting conditions or previous injuries that could influence the outcome of the claim. It is important to note that the scope of discovery is subject to limitations imposed by the court to ensure relevance and to protect against unnecessary invasions of privacy.