Short Answer

Yes. You may ask your medical provider to resend records directly to your personal injury lawyer, although the provider may require a current written authorization and may charge an allowable copying or processing fee. Before requesting another copy, ask the law firm to check its mail, fax, secure portal, and records system because the first delivery may already be on file.

Confirm Whether the Records Are Actually Missing

Medical records sometimes arrive before the patient receives confirmation. They may be stored under the provider’s name, the facility’s name, a records vendor, or a different date than expected. A fax or electronic upload can also take time to be reviewed and added to the correct client file.

Start by asking your lawyer’s office to confirm whether it has received records from the provider or its outside records service. Give the office the provider’s full name, the approximate delivery date, the delivery method, and any confirmation or tracking number.

If the law firm confirms that the records are complete and on file, another copy usually is not necessary. If nothing was received, the provider can generally resend the records after verifying the request and the authorized recipient.

What the Provider May Need Before Resending Records

Medical information is confidential. Under N.C. Gen. Stat. § 8-53, confidential medical information generally may be furnished with the patient’s authorization. A medical provider may therefore ask for a signed authorization that identifies the patient, the information to be released, and the person or law firm allowed to receive it.

Even if you signed an authorization earlier, the provider may request a new form if the prior authorization expired, omitted a facility, did not cover the correct treatment dates, or listed outdated delivery information. Your lawyer’s office may be able to provide a form containing the information the provider needs.

A clear resend request should usually include:

• Your full name and date of birth.
• The provider or facility where you received care.
• The relevant dates of treatment.
• A description of the requested material, such as visit notes, test reports, imaging reports, discharge instructions, or an itemized bill.
• The law firm’s correct mailing address, secure fax number, or approved electronic delivery information.
• A signed authorization if the provider requires one.
• The date and method of the original transmission, if known.

A request for “medical records” may not automatically include billing statements or images. If your personal injury lawyer needs an itemized bill, radiology images, or another specific item, identify it separately. This reduces the chance of receiving an incomplete response.

Could the Provider Charge for a Second Copy?

Possibly. N.C. Gen. Stat. § 90-411 permits North Carolina health care providers to charge certain reasonable fees for searching, handling, copying, and mailing records to a patient or the patient’s designated representative. Whether a charge applies to a resend can depend on why another copy is needed, the format requested, and the provider’s records process.

Ask whether the provider can retransmit the prior production instead of processing an entirely new request. Also ask for advance notice of any fee. Your lawyer’s office may prefer to handle the follow-up directly, especially if it originally requested the records.

Protect Your Information During the Resend

Confirm the law firm’s delivery details before giving them to the provider. Do not rely on an address or fax number copied from an old message if the office can verify the current information.

Because medical records contain sensitive information, avoid sending the records through ordinary email unless the provider and law firm have an approved secure process. Keep a copy of the authorization, resend request, receipt, fax confirmation, portal notice, or tracking information. These materials can help locate the transmission if another delivery question arises.

Why Complete Medical Records Matter to an Injury Claim

Medical records can help document when you reported symptoms, what care you received, and how the condition developed over time. Bills and payment information are often maintained separately and may be needed to document claimed medical expenses.

Completeness matters as much as delivery. A records packet may omit later appointments, records from a separate facility, imaging, therapy notes, or an itemized bill. Your lawyer may compare the packet with your provider list and treatment timeline to identify gaps. Continue keeping visit summaries, bills, explanation-of-benefits documents, and provider contact information as they arrive.

How This Applies to the Records Already Sent

In the situation described, the medical provider sent the records and followed up after the patient was told they might not have arrived. The law firm then located the records and agreed to tell the patient that they were on file. Based on those limited facts, there is likely no practical reason to ask the provider to resend the same packet unless the law firm later determines that the delivery was incomplete, unreadable, or for the wrong treatment period.

The useful next step is to obtain confirmation from the law firm that the records are associated with the correct file and contain what was requested. The patient can then save that confirmation and avoid unnecessary duplicate processing or fees.

A Simple Process for Resolving a Missing-Records Question

1. Ask the law firm to search for the records using the provider’s name, facility name, delivery date, and transmission method.
2. Confirm whether the packet is complete and readable.
3. If it is missing, verify the firm’s current secure delivery information.
4. Ask whether the lawyer’s office or the patient should contact the provider.
5. Provide an updated authorization if requested.
6. Keep proof of the new request and confirm receipt after delivery.

A records delivery problem is usually an administrative issue, but it should not be ignored. If a claim or lawsuit deadline may be approaching, discussions about missing records do not automatically extend that deadline.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may help identify which medical records and bills are relevant to a North Carolina personal injury claim, prepare an authorization, communicate with the provider or records service, and track whether the requested material arrived. The firm may also compare received records with the client’s treatment history to look for missing dates, facilities, reports, or billing documents.

This process does not guarantee that a provider will respond by a particular date or that every requested document will be available. It can, however, create a clearer record of what was requested, what was delivered, and what follow-up remains necessary.

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.