Short Answer

Ask the facility in writing to confirm whether an incident report was created and which department has it. A private facility may confirm the report’s existence without voluntarily providing a copy, and your spouse may need to make or authorize the request. Promptly ask the facility to preserve the report, video, door records, and related evidence because some records may be overwritten or lost.

Who Should Receive the Written Request?

Start with the medical facility’s administrator, patient relations department, or risk management department. If the physical therapy practice leases space, it may not own or maintain the entrance doors. Send a separate request to the building owner or property manager if you can identify them.

Several organizations may have created different records about the same event, including:

• The outpatient therapy practice.
• The medical facility or health system.
• The building owner or property management company.
• A security company or front-desk contractor.
• The company that inspected, installed, or serviced the automatic doors.

Addressing the request to only one organization can leave important records undiscovered. Keep a copy of each letter or email and proof showing when it was delivered.

What Should the Request Say?

The request should identify your spouse, the date and approximate time, the entrance or exit involved, and a short description of what happened. Ask the recipient to confirm whether an incident, safety, security, risk-management, or occurrence report was created.

It is also helpful to request preservation of related evidence, including:

• The original incident report and any later supplements.
• Surveillance video showing the doorway and nearby areas before, during, and after the fall.
• Photographs taken by employees, security personnel, or contractors.
• Names and contact information for employees or witnesses who responded.
• Automatic-door inspection, testing, repair, and maintenance records.
• Work orders, service calls, fault logs, and communications about the doors.
• Records of earlier complaints or similar events involving the same doorway.
• Internal emails, messages, or notifications concerning the fall.

A preservation request is different from a demand that the facility immediately turn everything over. Its immediate purpose is to notify the organizations that potentially relevant evidence should not be deleted, overwritten, repaired without documentation, or discarded.

Will the Facility Give You a Copy?

Possibly, but a private North Carolina facility generally does not have to provide every internal record merely because someone asks before a lawsuit. It may provide a copy, confirm that a report exists, refer the matter to an insurer, or decline the request.

Your spouse should preferably submit or sign the request. Marriage alone may not give one spouse authority to obtain the other spouse’s protected health information or internal records. If your spouse cannot handle the request, the facility may ask for a valid authorization or documentation showing legal authority to act.

An incident report is also different from a medical chart. Your spouse can separately request records from the therapy appointment, emergency care, surgery, and rehabilitation stay. Those records may show when the fall was first reported, what staff observed, and how the event was described, even if the internal incident report is not released.

Why a Medical Facility May Withhold Certain Records

Some internal materials may be subject to objections based on attorney work product, confidentiality, or medical-review protections. Under N.C. Gen. Stat. § 131E-95, qualifying medical review committee proceedings and materials can be protected in certain civil actions. However, information or records that are otherwise available do not automatically become protected merely because a committee later reviewed them.

Whether that law applies to a particular report about an automatic-door event depends on who created the document, why it was created, and how it was used. A facility’s refusal to provide a report does not necessarily mean that no report exists or that every related record is unavailable.

If litigation becomes necessary, formal discovery procedures may be used to request relevant nonprotected documents and testimony. The facility can still raise objections, and a court may have to decide whether a disputed record must be produced.

What Does an Incident Report Prove?

An incident report can help establish when the facility learned about the event, who responded, what witnesses said, and whether employees noticed a problem with the door. It does not automatically prove negligence. Some reports contain only basic identifying information and may not include conclusions about why the event occurred.

For a North Carolina premises liability claim, the evidence generally must address whether the responsible organization failed to use reasonable care. Important questions may include whether it created the unsafe condition, knew about a door problem, or should have discovered the problem through reasonable inspection and maintenance. That makes door service records, earlier complaints, witness accounts, and video potentially as important as the incident report itself.

Preserve Evidence Beyond the Facility’s File

Do not wait for the facility to respond before organizing evidence that your family controls. Preserve:

• Your spouse’s written recollection of how the doors moved and where the impact occurred.
• The cane, clothing, shoes, and personal items involved, without altering them.
• Photographs of injuries and any photographs of the doorway already taken.
• Appointment records showing why your spouse was at the facility.
• Emergency, hospital, surgery, and rehabilitation records and bills.
• Names of anyone who saw the fall or assisted afterward.
• Emails, portal messages, call logs, and letters exchanged with the facility.
• Records concerning prior hip treatment, since the facility or insurer may examine which conditions were preexisting and which harm followed this event.

Surveillance systems may record over footage on a routine schedule. Door conditions can also change after inspection or repair. A prompt written request is therefore important even when the facility has not contacted the family.

North Carolina Fault and Timing Issues

North Carolina allows contributory negligence as a defense. If the defense proves that an injured person’s own lack of reasonable care helped cause the injury, that can create serious problems for the claim. Evidence should therefore document both the alleged door malfunction and why your spouse acted reasonably while leaving the appointment. The use of a cane or a prior injury does not, by itself, establish fault.

Many North Carolina personal injury actions are subject to a three-year filing period under N.C. Gen. Stat. § 1-52, although the correct deadline depends on the parties and facts. A shorter or different procedure may apply if a government entity owns or operates the property. Requests for records and discussions with a facility or insurer do not automatically extend the deadline for filing a lawsuit.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help identify the organizations responsible for the facility and doorway, send focused preservation notices, communicate with risk management or insurers, and organize the available medical and premises evidence. The firm can also evaluate a refusal to provide records and determine whether formal discovery may be appropriate if a claim proceeds to litigation.

This review can include comparing incident information with surveillance footage, witness accounts, maintenance records, earlier complaints, and medical documentation. No single record determines the outcome, and the available options depend on the facts, applicable law, and responsible parties.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.