In a personal injury case, the medical privileges in HIPAA and Nevada law aren’t the end of the story. When you bring a case, you’re putting your medical condition in dispute. You’re saying that you got hurt because of the actions of someone else. The other side has a right to investigate to determine if they agree with you.
The process of gathering evidence in an injury case is called discovery. The purpose of discovery is to help the parties find information relevant to the case. It also helps the parties narrow the issues at play. If the other side reviews your records and they agree with you, they may be more likely to offer you a fair settlement than if they’re kept in the dark.
Nevada law 49.245(4) says that medical records are fair game when they relate to “an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.” When you’re hurt in a personal injury, your physical condition is an element of the claim. That means the other side can demand to see the relevant medical records as they evaluate your claim.