How Long Does It Take to Gather Medical Records in a North Carolina Car Accident Case?
FAQ 1: How Long Does It Take to Gather Medical Records in a North Carolina Car Accident Case?
Detailed Answer
After a car wreck, obtaining your medical records is a critical step in proving injuries and damages. In North Carolina, you or your attorney sends written requests to each provider—hospitals, urgent care clinics, imaging centers—under HIPAA. By law, most medical facilities have 30 days from receipt of your request to respond. If they cannot compile records within that time frame, they may request a one-time extension of 30 additional days.
For major systems such as Duke or WakeMed, you may see frequent extension requests. To keep your case moving:
Track each request’s date and deadline.
Call or email the records department a week before deadlines.
If you hit an extension, send a polite reminder to ensure they’ve received your request.
Order digital copies when available to speed delivery.
Once you have all records, review them for accuracy—billing codes, treatment dates, provider notes—and forward them to the at-fault carrier or its adjuster. This documentation forms the backbone of your claim for past medical expenses and projected future care.
Key Takeaways
Submit written HIPAA requests to each provider.
Allow 30 days plus one 30-day extension.
Follow up regularly with hospitals and clinics.
Request digital copies to speed up delivery.
Review records for completeness and accuracy.
FAQ 2: What Can I Do If a Hospital Requests an Extension for My Medical Records?
Detailed Answer
North Carolina hospitals and imaging centers often ask for extra time to compile records. Under HIPAA, they may extend the original 30-day period by another 30 days. If your records are taking longer, here’s what you can do:
1. Confirm the Extension in Writing. Federal law requires the provider to notify you in writing of the delay and the reason. Keep this notice in your file.
2. Send a Courtesy Reminder. A friendly email or call to the hospital’s release department can push your request to the top of their queue.
3. Escalate When Necessary. If reminders don’t help, ask to speak with a supervisor or compliance officer. Larger systems often have dedicated teams for high-volume requests.
4. Use a Subpoena if Needed. If you’ve sent a formal records demand under Rule 45 of the North Carolina Rules of Civil Procedure and still have no response, you can seek a subpoena duces tecum to compel production.
Acting promptly prevents unnecessary delays in settlement negotiations or court filings.
Bullet-Point Action Plan
Review the extension notice—verify dates and reasons.
Follow up 7–10 days before the extended deadline.
Request escalation to a records department supervisor.
Send a formal Rule 45 records subpoena if the extension lapses without delivery.
Keep a log of all communications and dates.
Need Assistance? Contact Wallace Pierce Law
If gathering records or dealing with extension requests feels overwhelming, our attorneys at Wallace Pierce Law can help. We’ve guided countless clients through every step of their car accident cases. Reach out today for a free consultation.
Email: intake@wallacepierce.com
Call: (919) 313-2729
