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 Texas, during the course 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 is allowed to obtain evidence from the other side. The scope of this right includes not only records related to the injuries claimed but also past medical records that might show preexisting conditions or previous injuries that could impact the current claim. However, this right is not unlimited. The Texas Rules of Civil Procedure provide protections to ensure that the discovery of medical records is conducted in a manner that respects the privacy of the claimant. For instance, certain sensitive information may be redacted, and protective orders can be sought to limit how the information is used and who can access it. Additionally, federal laws such as the Health Insurance Portability and Accountability Act (HIPAA) set standards for the privacy and security of protected health information, which must be adhered to during the discovery process.
