Short Answer

In North Carolina, if a third-party vendor is slow-walking medical records, the most effective next step is usually to use formal legal process rather than repeated informal follow-ups. In a civil personal injury case, that typically means issuing a subpoena for records under North Carolina’s Rule 45 to the proper “custodian of records” (often the provider or the vendor, depending on who actually holds the records). If the matter is a workers’ compensation claim, the Industrial Commission process and the “reasonable access” rules in Chapter 97 may provide additional tools and timelines.

Understanding the Problem

If you are handling a North Carolina personal injury claim, can you force production of a client’s physical therapy treatment records when the clinic says a third-party vendor controls the records and the vendor does not respond, even though you already received the bills?

Apply the Law

North Carolina law generally does not require a private medical provider (or its outside vendor) to respond to repeated informal requests on your preferred timeline. When records are needed for a lawsuit or claim, the usual way to compel production is to use the court’s subpoena power. In civil cases, that is done through Rule 45 subpoenas directed to the correct records custodian, with proper notice and time to respond. Separately, in workers’ compensation cases, North Carolina has a specific statutory framework designed to give the parties “reasonable access” to relevant medical information while limiting unnecessary burdens on providers.

Key Requirements

• Proper authorization or lawful basis: You generally need a valid HIPAA-compliant authorization signed by the patient, or a subpoena/court process that permits disclosure.
• Serve the right target: A subpoena should go to the entity that is actually the “custodian of records” for the treatment records (sometimes the clinic, sometimes the vendor that maintains them).
• Use the correct forum: Civil personal injury cases use the North Carolina court rules (including Rule 45). Workers’ compensation cases use Industrial Commission procedures and Chapter 97 rules on access to medical information.
• Allow the required response time: Subpoenas must provide a reasonable time to comply and must be served correctly, or the recipient can object.
• Request the right scope: Ask for the specific treatment records you need (for example, evaluation, daily notes, progress notes, discharge summary), not just “all records,” unless that breadth is justified.
• Be ready to enforce: If the recipient ignores a properly issued subpoena, the next step is typically a motion to compel/compliance (and sometimes sanctions), depending on the court and circumstances.

What the Statutes Say

• N.C. Gen. Stat. § 8-44.1 (Hospital medical records) - Recognizes use of Rule 45(c) procedures for tendering hospital medical records through the custodian of records and addresses admissibility/authentication issues.
• N.C. Gen. Stat. § 97-25.6 (Reasonable access to medical information) - In workers’ compensation claims, sets rules for requesting and providing relevant medical information and limits certain communications with providers.
• N.C. Gen. Stat. § 97-26.1 (Fees for medical records and reports) - Allows the Industrial Commission to set maximum fees for copying and related services in workers’ compensation matters.

Analysis

Apply the Rule to the Facts: Here, the law office has bills but not the physical therapy treatment records, and the clinic is pointing to a third-party vendor and a website process. That fact pattern usually signals that informal requests may continue to stall because the clinic and vendor are treating it as an administrative queue, not a legal deadline. If the records are needed for a North Carolina claim or lawsuit, shifting from repeated follow-ups to a properly issued subpoena to the correct custodian is often the cleanest way to create a firm obligation to respond.

Process & Timing

1. Who files: The party seeking the records (often the plaintiff through counsel). Where: The North Carolina court where the civil case is pending (or, if no lawsuit is filed yet, the appropriate North Carolina court process for issuing a subpoena may be required). What: A subpoena for production of documents to the records custodian under North Carolina Rule 45 (often paired with a HIPAA authorization and clear record descriptions). When: As soon as you know the vendor is not responding and you have a litigation or claim deadline that depends on the records.
2. Next step: The recipient may produce records, object, or request clarification. If they object or claim they are not the custodian, you may need to re-issue the subpoena to the correct entity or narrow/clarify the request.
3. Final step: If a properly served subpoena is ignored, the requesting party typically asks the court for an order compelling compliance (and, in some situations, other relief). In a workers’ compensation case, the next step may be seeking relief through the Industrial Commission consistent with Chapter 97 procedures.

Exceptions & Pitfalls

• Subpoenaing the wrong entity: If the vendor maintains the records but the subpoena goes only to the clinic (or vice versa), you can lose time. Confirm who is the actual custodian of the treatment notes.
• Overbroad requests: A request that is too broad can trigger objections and delays. Asking specifically for physical therapy treatment notes for the relevant dates often reduces pushback.
• Authorization problems: A defective or expired authorization can cause a vendor to refuse production even if everyone is acting in good faith. Make sure the authorization matches the provider/vendor requirements and clearly identifies the patient and the records.
• Workers’ compensation vs. civil tort rules: Chapter 97 has its own access framework for workers’ compensation claims, including limits on communications and processes for obtaining “relevant medical information.” Using the wrong process can create delay.
• Fees and “invoice holds”: Some vendors will not release records until copying fees are paid or an invoice is processed. In workers’ compensation matters, fee limits may apply through the Industrial Commission’s rules and authority.

Conclusion

In North Carolina, when a third-party medical records vendor does not respond to repeated requests, the practical solution is usually to stop relying on informal follow-ups and use formal process. In a civil personal injury case, that typically means issuing a Rule 45 subpoena to the correct custodian of records with a properly scoped request and valid authorization. If the claim is in the workers’ compensation system, Chapter 97’s “reasonable access” rules may also apply. Next step: prepare and serve a subpoena for the treatment records early enough to address objections before your case deadline.

Talk to a Personal Injury Attorney

If you're dealing with delayed or missing medical records that are holding up a North Carolina injury claim, our firm has experienced attorneys who can help you choose the right process (authorization, subpoena, or commission procedure) and stay ahead of deadlines. Call (919) 341-7055 to discuss next steps.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.