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 Wisconsin, during the process of a personal injury claim or lawsuit, defendants and their insurers 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. Wisconsin law requires that the disclosure of medical records must comply with both state statutes and federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA). While defendants can access records related to the injuries claimed, they may also obtain previous medical records if they are relevant to issues like preexisting conditions or past injuries that could influence the current claim's validity or value. However, the plaintiff's consent or a court order may be necessary to release these records, and there are protections in place to ensure that only necessary and relevant information is disclosed to safeguard the plaintiff's privacy.