Why Treatment Timing and Documentation Matter
Medical records do two main jobs in a personal injury claim: they help show what injuries you had and when symptoms and treatment started, and they help document how the injury affected your life (work limits, activity limits, ongoing care). Because you are still treating, your records are also “still being created,” which means what gets shared may happen in stages rather than all at once.
Common Scenarios and What They Often Mean
- “The adjuster wants my records” (pre-lawsuit): This usually means the insurer is asking you to sign a medical authorization so it can request records directly from providers, or it is asking you (or your lawyer) to send records and bills. You can ask what date ranges and providers they want and why.
- “The other side is asking for everything” (lawsuit filed): Once a lawsuit is filed, the defense can use formal discovery to request records and may subpoena providers. North Carolina recognizes medical confidentiality, but courts can order disclosure when needed for the case. See N.C. Gen. Stat. § 8-53.
- “They want prior medical history too”: It is common for insurers/defense to look for pre-existing conditions or other explanations for symptoms. That does not mean you did anything wrong, but it does mean the scope of what gets shared matters. Narrow, relevant requests are often easier to manage than open-ended ones.
Practical Documentation Tips (Non‑Medical)
- Track your appointments: Keep a simple list of visit dates, provider types (for example, “orthopedics,” “physical therapy”), and any written work restrictions.
- Keep what you receive: Save visit summaries, work notes, imaging reports, and billing statements you are given.
- Be careful with broad authorizations: A release can be written narrowly (specific providers and dates) or broadly (many years of records). If you are unsure what you are signing, ask for clarification before you sign.
- Assume consistency matters: Insurers often compare what is in records to what is said in claim communications. Try to avoid overstating or minimizing symptoms in writing.
How Records Typically Get Shared (Two Main Paths)
1) Pre-lawsuit sharing (voluntary exchange)
Before any lawsuit is filed, record sharing usually happens in one of these ways:
- You sign a HIPAA-compliant authorization: The insurer (or the other side’s lawyer) uses it to request records from your providers.
- Your lawyer collects and sends records: Many claims are handled by gathering records/bills from providers and sending them as part of the claim package, rather than letting an insurer request everything directly.
2) Lawsuit sharing (formal discovery)
If a lawsuit is filed, the defense can use formal discovery tools to obtain relevant medical information. That can include written discovery requests and subpoenas for records. North Carolina also has a statute addressing when certified hospital records can be obtained by subpoena and used in court if otherwise admissible. See N.C. Gen. Stat. § 8-44.1.
What to Watch For While You’re Still Treating
- Ongoing treatment means rolling updates: If you have one appointment left, the insurer may wait for that final note and bill before it meaningfully evaluates the claim, or it may evaluate with what it has and then update later.
- “Complete records” usually means both notes and billing: Notes show symptoms, diagnoses, and restrictions. Bills show charges and dates of service. Missing either one can slow down the paper trail.
- Relevance disputes: If the request feels too broad (for example, “all records for the last 10 years”), it may be worth asking the purpose and whether a narrower range would address the issue.
How This Applies
Apply to your situation: Because you are still receiving treatment and have one appointment coming up, your claim file will likely involve at least one more “round” of medical documentation (the final visit note and bill). In practice, records may be shared either by a limited written authorization or by your side collecting the records and providing them, with updates after that last appointment. If a lawsuit is filed later, the other side can seek relevant records through formal discovery, and disagreements about scope can be addressed through the court process.
Conclusion
In North Carolina, your medical information is usually shared through a written authorization or, if a lawsuit is filed, through formal discovery and subpoenas. You are not required to guess what is “needed”—you can ask what is being requested, the date range, and the reason. If you are still treating, expect the process to happen in stages as new records are created. One practical next step is to gather your current visit summaries and billing paperwork so you can track what has (and has not) been provided.
