Why These Records Matter
In a North Carolina personal injury claim, medical records and bills usually do two important jobs: (1) they help show what injuries were treated and when, and (2) they prove the medical expenses tied to the incident. If a hospital or clinic is slow to send records or itemized bills, it can stall the next step in the claim because the insurer (and your attorney) typically needs a complete, organized package before serious settlement negotiations can move forward.
What to Request
- Core documents: Complete treatment records for the relevant date range (visit notes, discharge/visit summaries, diagnostic reports, and any provider orders), plus an itemized bill (not just a balance statement).
- Helpful add-ons: A billing ledger showing charges and payments, and proof of payment information if any portion was paid by health insurance or out-of-pocket.
How to Request Them (General Steps)
- Identify the holder: Hospitals and larger clinics often use separate departments or outside vendors for records and billing. Also, one “hospital visit” can generate separate bills (facility, imaging, lab, and physician groups), so it helps to confirm what entities actually billed for the visit.
- Authorization: Most providers require a signed medical authorization before releasing records. Some providers treat authorizations as “stale” after a short period, so your attorney may refresh the authorization if needed.
- Follow-up: Keep a simple paper trail: the date requested, what was requested, where it was sent, and what (if anything) was received. Targeted follow-ups work better than general ones (for example: “We received records through X date, but we are missing the itemized statement and the final visit note.”).
What to Do If Records Are Delayed, Missing, or Incorrect
- Ask for “itemized” billing specifically: A one-page statement with a balance due often is not enough for a claim file. Request an itemized statement and clarify the date range.
- Confirm whether there are multiple billers: If you only request the hospital’s facility bill, you may still be waiting on separate bills from other provider groups involved in the same visit.
- Use the lien rules as leverage when appropriate: North Carolina law creates a medical provider lien on personal injury recoveries in certain situations, but it also conditions the lien’s validity on the provider giving the injured person’s attorney (upon request) an itemized statement/records/report and written notice of the lien within a set timeframe. See N.C. Gen. Stat. § 44-49.
- Know that copy fees are regulated in many cases: North Carolina limits what many providers can charge for copying and providing records, which can reduce back-and-forth about costs. See N.C. Gen. Stat. § 90-411.
- Consider alternative request methods for electronic records: In some situations, a patient-signed request for an electronic copy can be faster and less expensive than a traditional attorney request. Your lawyer can help you use the right format and avoid technical problems that cause delays.
- If something is wrong: If dates, diagnoses, or charges look off, request a correction in writing and keep a copy of what you sent. Corrections can take time, so it helps to flag issues early.
How This Applies
Apply to the facts: Here, treatment with the chiropractor is complete, but the case is waiting on remaining records and bills from a medical facility. The practical next move is to confirm exactly what is missing (records, itemized billing, or both), confirm whether there were multiple billers for the same visit, and then send a targeted follow-up request with a current authorization. If the provider intends to assert a lien, North Carolina’s lien statute can also matter because it ties lien validity to providing itemized information and notice within the statutory timeframe after a proper request.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 44-49 – Creates a medical provider lien in many personal injury recoveries and, in many situations, requires itemized statements/records and lien notice to be provided to the injured person’s attorney (upon request) within a set timeframe for the lien to be valid.
- N.C. Gen. Stat. § 90-411 – Regulates what many providers may charge for copying and providing medical records.
Conclusion
If a hospital or clinic is slow to send records and bills, it can delay the point where your claim can be packaged and negotiated. The most effective approach is usually a focused request for the missing items (especially an itemized bill), confirmation of all separate billers, and documented follow-up with a current authorization. If the delay continues, speak with a licensed North Carolina personal injury attorney about escalation options while keeping an eye on any filing deadlines.
