In North Carolina, your attorney typically obtains your hospital records and itemized bills with your signed HIPAA-compliant authorization. Providers usually have up to 30 days to respond and can charge reasonable copy fees set by state law. If a lawsuit is filed and a provider will not cooperate, your attorney can use a Rule 45 subpoena to compel records. To protect video evidence from a third-party venue, your attorney should promptly send a preservation letter.
North Carolina personal injury clients often ask: Can my lawyer get my hospital records and bills if I haven’t returned the medical release forms and my spouse has them? You need those records and billing to prove treatment and costs. Without a signed authorization, providers usually won’t release information. If surveillance video may show what happened, timing matters because businesses often overwrite footage quickly.
Under North Carolina law, the cleanest path is a patient-signed HIPAA authorization that identifies the provider and the records to be released. Providers may charge reasonable, regulated copy fees. If a lawsuit is filed and informal requests fail, Rule 45 of the North Carolina Rules of Civil Procedure allows subpoenas for documents from nonparties. Courts can issue protective orders to safeguard private health information. The main forum for subpoenas in an injury case is the Superior Court, and the Clerk of Superior Court or an attorney may issue subpoenas using official court forms.
Apply the Rule to the Facts: Because your spouse is holding the paperwork, the first step is getting your signed HIPAA release back to your lawyer so providers can lawfully release your records and bills. Providers generally have up to 30 days to respond, so act now to avoid delays. If the venue’s surveillance may show the incident, your lawyer should immediately send a preservation letter to the venue. If any provider or the venue refuses to cooperate and a lawsuit is filed, your attorney can use a Rule 45 subpoena and, if needed, seek a protective order to safeguard your privacy.
In North Carolina, the fastest way to get your hospital records and bills is to sign a HIPAA‑compliant authorization so your providers can release both the chart and itemized charges. If cooperation fails after a lawsuit is filed, your attorney can use a Rule 45 subpoena with appropriate privacy safeguards. Act now: return your signed release, and have your attorney send a preservation letter to the venue for any surveillance video that may be overwritten quickly.
If you're dealing with missing medical records, unpaid bills, or time‑sensitive surveillance video after an injury, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.
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.