Why These Records Matter
In an injury case, medical records and bills help show (1) what injuries were documented, (2) when symptoms were reported, (3) what treatment was provided, and (4) what charges were billed. Insurers often focus on gaps, missing pages, or unclear timelines, so getting complete records (not just a summary) can matter.
What to Request
- Core documents: Treatment records (office notes), emergency care records (if any), imaging reports (if any), therapy notes (if any), and an itemized billing statement/ledger.
- Helpful add-ons: Visit summaries, work status notes/restrictions (if any), and proof of payment information if it exists (for example, account statements showing adjustments and balances).
How to Request Them (General Steps)
- Identify the holder: Records may be maintained by a provider’s medical records department or an outside records vendor. Bills may be handled by a separate billing office.
- Authorization: In North Carolina, providers generally only release confidential medical information with the patient’s authorization (or another legally recognized basis). A HIPAA-compliant authorization that clearly names the law firm as the recipient usually allows the provider to send records straight to the attorney rather than to the patient first.
- Follow-up: Keep a simple log of when the request was sent, to what email/fax/mailing address, and who confirmed receipt. If the provider uses email intake, ask for a confirmation email so you can prove the request was received.
What to Do If Records Are Delayed, Missing, or Incorrect
- Document every request: Save the sent email, any auto-reply, and any “we received it” response.
- Ask what is missing: If you receive a partial chart, ask whether the provider excluded certain categories (for example, imaging, therapy, or billing ledgers) and request those specifically.
- Know that fees may apply: North Carolina law allows providers to charge record copy fees to cover searching/handling/copying/mailing costs, subject to statutory limits in many situations. See N.C. Gen. Stat. § 90-411.
- If the provider insists on sending only to the patient: That is often a policy choice, not a legal requirement. A clearer authorization (naming the attorney/law firm and delivery method) or using the provider’s specific release form often resolves it.
How This Applies
Apply to your facts: Because the provider asked the firm to email the request, the practical next step is usually to email a signed, HIPAA-compliant authorization that designates the law firm as the recipient, along with a clear description of the date range and the specific records and itemized bills requested. If the provider uses a records vendor, the firm may need to follow that vendor’s intake instructions even if the request is emailed.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 8-53 – Medical information is generally confidential and is typically released with the patient’s authorization (with limited exceptions).
- N.C. Gen. Stat. § 90-411 – Addresses allowable fees a provider may charge for copying and providing medical records to the patient or the patient’s designated representative.
Conclusion
A provider usually can send records directly to an attorney in a North Carolina injury case as long as the patient signs a proper authorization that names the attorney (or law firm) as the recipient. If a provider says they “must” send records to the patient first, it often means the request form or process needs to be adjusted. One practical next step is to send a signed authorization that clearly requests delivery to the law firm and specifically lists the records and billing items needed.
