Short Answer

In North Carolina, you can request copies of your own medical records directly from each provider’s Health Information Management (medical records) department. Providers may charge reasonable copy fees under state law and generally must respond within about 30 days. Focus your request on records that relate to the body parts and conditions at issue and include both medical charts and billing. If a provider won’t cooperate and your case is in court, a subpoena can compel production.

Understanding the Problem

You want to know how to get your prior medical records in North Carolina to back up your personal injury claim. You are the patient, and you’re seeking records that show your history of migraines and concussion symptoms so the insurer understands how the crash worsened them. The goal is to make a targeted, efficient request that strengthens your claim without unnecessary delay or overbroad disclosures.

Apply the Law

North Carolina law allows patients to access and obtain copies of their own medical records from each treating provider. The main forum is the provider’s Health Information Management department; court involvement is not required unless you are in active litigation and need to compel production. Providers can charge reasonable copying costs set by statute. Privacy rules typically require providers to respond to a written request within 30 days, with a short extension if needed, and you can often reduce costs and delay by requesting electronic copies.

Key Requirements

• Authority to request: You, as the patient (or your authorized representative), may request your records; attorneys usually submit your signed HIPAA authorization.
• Scope and relevance: Specify the body parts/conditions (e.g., migraines, concussion) and the date range (pre- and post-accident) so the request is focused and useful.
• Written authorization: Use the provider’s “Authorization to Disclose Protected Health Information” form or a HIPAA-compliant release that includes your identifiers and a clear description of what to release.
• Format and cost: Request electronic copies when available to reduce per-page charges; expect providers to apply state-capped copy fees.
• Follow-up and escalation: Keep proof of your request; follow up if you do not hear back within about 30 days. If your case is in litigation and a provider does not comply, consider a subpoena.

What the Statutes Say

• N.C. Gen. Stat. § 90-411 (Charges for copies of medical records) - Providers may charge reasonable costs for copying patient records.
• N.C. R. Civ. P. 45 (Subpoenas) - In litigation, a subpoena can require a nonparty provider to produce medical records.
• N.C. Gen. Stat. § 8-44.1 (Medical records as evidence) - Certified medical records may be used as evidence without live testimony from the custodian.

Analysis

Apply the Rule to the Facts: Because your crash aggravated an existing migraine and concussion condition, request prior neurology and headache-clinic records for a defined period before the accident, plus all post-accident care. That shows your baseline and the change after the crash. Ask for both medical charts and itemized billing. Submit signed authorizations to each provider’s Health Information Management department, request electronic delivery to manage costs, and follow up if you do not receive a response in about 30 days.

Process & Timing

1. Who files: You or your attorney. Where: Each provider’s Health Information Management/Medical Records department in North Carolina. What: The provider’s Authorization to Disclose Protected Health Information (or a HIPAA-compliant authorization), listing your identifiers, relevant date ranges, and specific record types (office notes, imaging, test results, and itemized bills). When: Send now; providers typically respond within about 30 days.
2. Monitor status and follow up at two-week intervals. If a provider needs more time, ask for an expected completion date and confirm electronic delivery to reduce fees and delay.
3. If your case is filed in court and a provider won’t produce, ask your attorney about issuing a subpoena under Rule 45 through the Clerk of Superior Court, and request certified copies for use as evidence.

Exceptions & Pitfalls

• Overbroad releases let insurers “fish” through unrelated history. Limit authorizations to relevant body parts/conditions and reasonable date ranges.
• Certain records (mental health, substance use, HIV/STD) may require extra, specific consent. If applicable, use the provider’s specialized authorization.
• Request both clinical records and itemized bills; many providers maintain these separately.
• Ask for imaging files (CD or secure download) in addition to radiology reports; images can help demonstrate injury changes.
• Reduce fees and delays by requesting electronic copies and confirming you’ll accept patient portal or secure email delivery.
• If a provider is unresponsive and your case is not yet in litigation, document your requests; you can still escalate after suit is filed via subpoena.

Talk to a Personal Injury Attorney

If you’re dealing with an insurer that undervalued your claim and you need prior records to show how the crash worsened your condition, our firm has attorneys who can help you target requests, manage timelines, and present your evidence clearly. Reach out today: (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.