Your Medical Information in a Lawsuit
Generally speaking, when you choose to file a lawsuit, you are legally asserting that the opposing party, whomever you are suing, made decisions that resulted in tangible damage to your property, physical health, or mental health. For the lawsuit to result in financial compensation, or other reparative measures, the party that initiates the lawsuit (you, the plaintiff), must provide solid evidence that this damage was a direct result of the actions of the opposing party (the defense). This assertion must be supported by ample evidence, and in personal injury or medical malpractice cases, the best evidence available are your medical records pertaining to the injuries in question.
Absolute privacy when it comes to your medical record simply is not possible if a lawsuit involving injury to your person is to proceed. Some, if not all of your records, will need to be made accessible by both parties. You do not give up all of your rights to your medical records simply because you filed a lawsuit, however. Strong federal and state protections are still in place, and they apply even when your records need to be viewed by both plaintiff and defense lawyers.
As of 1996, in the United States, all medical information disclosures have been governed by HIPAA, which stands for the Health Insurance Portability and Accountability Act of 1996. It is the most significant pillar of patient information protection at the federal level, and it addresses the handling and privacy of medical records. HIPAA applies in all 50 states, including Minnesota. The act outlines a set of limited circumstances in which those handling medical records may legally disclose information.
HIPAA outlines protected health information (PHI) as any demographic that can be used to identify a patient including names, dates of birth, addresses, phone numbers, email addresses, Social Security numbers, insurance ID numbers, medical records, health plan information, and full facial photos. It ensures that medical providers of all varieties are extremely careful with the maintenance and disclosure of this information.
Does HIPAA apply in a personal injury lawsuit?
Yes, HIPAA absolutely applies in personal injury lawsuits. Privacy rules, whether federal, such as HIPAA, or state-specific regulations, do not automatically disappear when a lawsuit of any kind is filed. That said, for a lawsuit to move forward in an effective, fruitful way, medical records will have to be released and viewed by both your attorney and the opposing counsel. Personal injury lawsuits exist to establish whether or not physical, emotional, or property damages occurred. Medical records are crucial to establishing the nature of the harm inflicted on you by the opposing party.
Who will view my medical records in a lawsuit?
Lawsuits can take years to resolve. During this time, all relevant evidence gathered by both parties in the discovery period will be viewed by at least a few people, typically those who work for the parties involved, the courts, or any expert witnesses tasked with offering their input on the case. If a lawsuit proceeds to trial, and the records are submitted as evidence, then they can theoretically be seen by dozens of people, depending on who is present in the courtroom. Please note that this access is not possible without your full authorization, and the simple act of filing a lawsuit will not automatically expose the entirety of your medical record. Additionally, when you authorize access to your records to your attorney or defense, they have no access to your patient portal or login information. Rather, they then have the legal ability to contact the records department of the medical provider in question, and will receive copies through there.
What kind of medical records does HIPAA include?
Any record, produced and maintained by a provider of any sort is protected under HIPAA. This includes, but is not limited to, records from primary care doctors, specialists, therapists, psychiatrists, surgeons, dentists, dermatologists, gynecologists, chiropractors, urgent care centers, or any organization that administers any sort of medical care that would produce a record of any kind, associated with your legal name. If service was provided, it is extremely likely that a HIPAA protected record was made. If you are unsure of whether or not a provider’s records fall under HIPAA, ask your attorney.
What happens if there’s disagreement about what’s relevant to my case?
Sometimes defense attorneys will request records going as far back in time as possible. In the lawsuit process, there is a period known as the “discovery phase”, in which both parties will attempt to obtain as much evidence to support their cases as they can. The standard adhered to in this phase is relevance, but this is not a hard line, and there is often disagreement between parties on what constitutes a relevant piece of evidence. Medical records are no exception, and in personal injury suits, they are generally seen as relevant.
This does not mean that any and all medical records are automatically accessible by the opposing counsel. To access copies of your records at any time, whether it’s your own lawyer, or the opposing counsel, you must sign an authorization in order for your provider to release those records. They are still fundamentally under your control. If there is disagreement as to what is relevant in your records, then your attorney can file a motion with the court, outlining why you are declining to release those records, and why they are not relevant to the case at hand.
If I file a lawsuit, will my medical information be made public?
While your case is ongoing, the records will only be accessible by both parties and their expert witnesses. If the case settles before reaching trial, then the same rule will apply. If the case goes to trial, any records that you authorized access to, if they are seen as evidence by either party, can be submitted as exhibits to support either side’s case at trial. Trial transcripts and accompanying submitted exhibits are a matter of public record. If there are records submitted as trial evidence that you would like to restrict public access to, you can request a protective order for those records from the court. These are not uncommon, and are often accepted and granted by the court.
What happens to my medical information when the lawsuit is over?
If your case settles before reaching trial, then your medical records that were accessed by either party will likely remain in the archived files pertaining to your case for years afterwards. Both physical and digital file archives are well protected by law firms. Physical files are typically kept in locked cabinets behind secure doors. Law firms invest heavily in the security of their digital servers, on which sensitive client information, such as medical records, is stored.
How long do medical records access authorizations last after they are filed?
When you sign an authorization, granting either party access to your medical records, this authorization is only good for one year. If a party attempts to obtain your records after this time is up, they will be denied by the medical organization that holds your records. Since cases can continue for years, it is very common for your own lawyers and the opposing counsel to need you to reauthorize access. This can also be needed due to the creation of new records, documenting changes to your health in the years following the incident. These new developments fall under the same protections as your records prior to your filing of the lawsuit. All records must have your authorization for any party to view, and you are well within your rights to decline access to anyone at any time.
You can find additional information on HIPAA here:
Your Rights Under HIPAA | HHS.gov
Your Health Information, Your Rights | HealthIT.gov
Summary of the HIPAA Privacy Rule | HHS.gov
For legal counsel for your set of facts, contact the attorneys at Sandberg Haddon LLC.
Last updated on July 16th, 2026.
DISCLAIMER: This article is not intended for and should not be used as a replacement for legal advice.