Short Answer

Yes. In North Carolina, you can obtain medical records with a proper patient authorization, by subpoena in a pending lawsuit, or by court order if the provider claims privilege. Hospitals may charge reasonable copy fees, and they must follow privacy rules. If a hospital does not respond to a valid request, you can escalate with a subpoena and, if needed, ask the court to enforce it.

Understanding the Problem

You want to know if you can force a North Carolina hospital to release records needed for your personal injury claim when the hospital has not confirmed or produced them after your request. The decision point is whether you can compel production now, and through which process: authorization, subpoena, or court order. Here, the hospital has not confirmed receipt within its usual processing window.

Apply the Law

North Carolina law allows patients (or their attorneys with written permission) to obtain copies of medical records. If a lawsuit is filed, you can issue a subpoena duces tecum to the hospital under the North Carolina Rules of Civil Procedure. If the provider asserts privilege or refuses, a court can order disclosure, often limited to records relevant to the injuries at issue. Providers may charge reasonable copy fees. Objections to subpoenas are handled by the trial court where the case is pending.

Key Requirements

• Valid authorization or court process: Use a signed patient authorization, a subpoena in an active case, or a court order if privilege is asserted.
• Scope and relevance: Limit requests to records reasonably related to the injuries and timeframe at issue to avoid delay.
• Notice and timing: For subpoenas, give sufficient notice to other parties and a realistic production date; objections can delay compliance.
• Fees and format: Expect reasonable copy fees; specify electronic copies where available to speed delivery.
• Privilege and privacy protections: If sensitive categories apply (e.g., behavioral health or substance use records), a court order or tailored authorization may be needed.

What the Statutes Say

• North Carolina Gen. Stat. § 90-411 (Copying medical records; reasonable fees) - Allows providers to charge reasonable fees for furnishing copies of medical records.
• North Carolina Gen. Stat. § 1A-1, Rule 45 (Subpoenas) - Governs subpoenas for records from nonparties, objections, and enforcement.
• North Carolina Gen. Stat. § 8-53 (Physician–patient privilege) - Recognizes privilege but allows court-ordered disclosure when justice requires and appropriate safeguards are in place.

Analysis

Apply the Rule to the Facts: You submitted a request with identifying information, but the hospital has not confirmed or produced records. First, ensure the request included a signed patient authorization that clearly names the recipient and scope; without it, the provider may not release records. If the claim is already in court, issue a Rule 45 subpoena with a reasonable production date and provide notice to other parties; if the hospital resists or asserts privilege, ask the court for an order compelling production limited to relevant records.

Process & Timing

1. Who files: The patient or the patient’s attorney. Where: Hospital Health Information Management (HIM) in North Carolina. What: Written request with a signed authorization specifying the records and recipient; ask for electronic copies if possible. When: Send now; follow up if no response within about 30 days under privacy rules.
2. If no response: Re-send the request, confirm the correct HIM fax/portal, and request acknowledgment. Include proof of authority and narrow the date range to speed processing. Allow 10–14 more days.
3. If a lawsuit is filed: Serve a subpoena duces tecum under Rule 45 from the District or Superior Court where the case is pending; attach the signed authorization or seek a protective order. Use form AOC-G-100 (Subpoena). Set the return date far enough out to allow objections (at least 10 days) and production.
4. Enforcement: If the hospital does not comply, file a motion to compel or to enforce the subpoena in the issuing court. The court can order production and may impose sanctions for noncompliance.

Exceptions & Pitfalls

• Missing or incomplete authorization (no signature, vague scope, or wrong recipient) stalls production.
• Overbroad requests trigger objections and delay; narrow by date range and provider department.
• Certain records (e.g., psychotherapy notes or specific substance use treatment records) may require tailored consent or a court order.
• Failure to give other parties notice of a subpoena can lead to objections or quashing.
• Unpaid statutory copy fees can pause release until costs are covered.

Talk to a Personal Injury Attorney

If you're dealing with a hospital that will not release needed records for your injury claim, our firm has attorneys who can help you use the right request, subpoena, or court motion. Reach out today. Call (919) 341-7055 or email us to get started.

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.