How do I gather and use medical records as evidence for my injury claim?
How do I gather and use medical records as evidence for my injury claim? - North Carolina
Short Answer
In North Carolina, you collect medical records with a HIPAA-compliant authorization before a lawsuit, and by subpoena after a lawsuit is filed. To use them as evidence, you typically authenticate them as business records and present itemized bills, treatment notes, imaging, and discharge summaries. North Carolina’s evidence rules limit proof of past medical expenses to amounts actually paid or still owed, and medical providers can assert statutory liens that must be addressed at settlement.
Understanding the Problem
You want to know how, in North Carolina, you can gather your accident‑related medical records and then use them to prove your injury claim. You were a backseat passenger, went by ambulance to the ER, and you’re waiting on referrals. You also need to submit a demand to the insurer and deal with any medical liens. This page explains the steps, timing, and legal rules so you can move confidently.
Apply the Law
Under North Carolina law, medical records are gathered either by patient authorization (pre‑suit) or by subpoena (after filing a lawsuit). They are typically admitted through the business‑records rule with a custodian certification or testimony. Past medical expenses are limited to amounts actually paid to satisfy bills and amounts still necessary to satisfy any unpaid charges. Medical providers may claim liens against your recovery that must be honored at disbursement.
Key Requirements
Request the right records and bills: Ask for complete charts, EMS run sheets, ER records, imaging and radiology reports, therapy notes, and itemized billing—not just summaries.
Use proper access tools: Pre‑suit, send HIPAA authorizations to each provider; after suit, use Rule 45 subpoenas to nonparties for records.
Authenticate for court: Prepare a records custodian certification or be ready to call a custodian to satisfy the business‑records rule.
Match proof to admissible amounts: Because of Rule 414, gather EOBs, write‑off documentation, and current account balances to show what was paid or what remains due.
Account for liens: Identify and resolve statutory medical-provider liens before disbursement; providers must supply itemized statements to perfect their claims, and total lien payouts are capped.
Forum and timing: Records requests go to providers; subpoenas issue from the Superior Court in the county where your case is filed. Providers may charge capped copy fees.
Apply the Rule to the Facts: Because you were transported by ambulance to an ER, request the EMS run sheet, ER records, imaging, and itemized bills from both the hospital and any separate ER physician group. With no health insurance, collect current balances and any charity‑care adjustments to show amounts still owed under Rule 414. As referrals arrive, add those records to complete the story of injury, treatment, and medical necessity before sending a demand.
Process & Timing
Who files: You or your attorney. Where: Send HIPAA authorizations directly to each provider and facility in North Carolina; after filing suit, issue Rule 45 subpoenas from the Superior Court in the county where your case is pending. What: Request complete medical records and itemized bills, EMS reports, imaging files and radiology reports, and EOBs. When: Start within days of the crash; providers often take a few weeks and may charge fees under § 90‑411.
Reconcile records and bills, confirm what was paid versus what is owed, identify any provider, Medicaid/Medicare, or health plan reimbursement claims, and seek lien reductions where appropriate; then assemble your demand package with medical proof and lost‑wage documentation.
If the case settles, resolve all perfected liens and disburse. If not, file suit and use subpoenas to compel any missing records; prepare custodian certifications to admit records at trial consistent with the business‑records rule and Rule 414.
Exceptions & Pitfalls
Pre‑suit subpoenas: In North Carolina, subpoenas generally issue after a case is filed; use HIPAA authorizations pre‑suit.
Incomplete requests: Ask for itemized bills, imaging, EMS run sheets, and separate ER physician group bills to avoid gaps.
Authentication misses: Uncertified records can draw hearsay objections; obtain custodian certifications or plan custodian testimony.
Rule 414 mismatch: Sending only gross “billed” charges can backfire; include EOBs, write‑offs, and current balances to prove paid/owed amounts.
Lien traps: Providers perfect liens by itemized statements; address liens before disbursement and observe statutory caps on payouts.
Name and date errors: Use full legal name, DOB, and service dates to help providers locate the correct records promptly.
Conclusion
In North Carolina, gather your medical proof with HIPAA authorizations before suit and Rule 45 subpoenas after suit. Build a complete file—itemized bills, EMS/ER records, imaging, and EOBs—and be ready to authenticate records and show only amounts paid or still owed under Rule 414. Before disbursement, resolve any perfected medical liens within statutory caps. Next step: request complete records and itemized bills from every provider involved in your care.
Talk to a Personal Injury Attorney
If you're dealing with collecting medical records, proving bills, and resolving liens after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .
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.
