Short Answer

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.

Understanding the Problem

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.

Apply the Law

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.

Key Requirements

• Valid authorization: A signed, HIPAA-compliant medical release that clearly lists providers and date ranges.
• Ask for both records and bills: Request the medical chart (treatment notes, imaging, discharge summaries) and separate itemized billing and ledger.
• Copy fees allowed: Providers may charge reasonable, state-regulated copy costs and postage for records they produce.
• Use subpoenas if sued: After filing suit, a Rule 45 subpoena can compel nonparty providers or a venue to produce documents or video.
• Preserve video evidence: Send a prompt preservation letter to the third-party venue to prevent overwriting of surveillance footage.

What the Statutes Say

• N.C. Gen. Stat. § 90-411 (Medical record copy charges) - Providers may charge reasonable, regulated fees to furnish patient records.
• N.C. R. Civ. P. 45 (Subpoenas) - Allows subpoenas to compel nonparties to produce documents, including medical records and video.
• N.C. Gen. Stat. § 8-53 (Physician-patient privilege) - Protects confidential medical information unless the patient authorizes disclosure or a court orders it.

Analysis

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.

Process & Timing

1. Who files: Your attorney. Where: Requests go to each provider’s Health Information Management/Release of Information office and Patient Financial Services. What: HIPAA-compliant Authorization to Disclose Health Information (provider forms are acceptable). When: Send immediately; providers typically have up to 30 days to produce records under federal privacy rules.
2. Surveillance video: Your attorney sends a preservation letter to the venue at once to prevent routine overwriting; if suit is filed, a subpoena can compel production.
3. If informal requests fail (post‑filing): Your attorney issues a Subpoena to Produce Documents (official form AOC-G-100 on nccourts.gov) through the Superior Court; the recipient must comply or seek to quash; the court can issue protective orders for PHI. Expected outcome: certified medical records and itemized billing, and any preserved video produced.

Exceptions & Pitfalls

• No signed authorization: Without your signature (or a legal representative’s), providers usually will not release records pre‑suit.
• Wrong scope: Ask for both the medical chart and itemized bills/ledger; billing often comes from a separate department.
• Overbroad requests: Limit requests by date range and provider to avoid delays or objections.
• Copy fees: Expect state‑regulated charges; requesting electronic copies can lower costs.
• Video gets overwritten: Send preservation letters immediately; retention can be short.
• Privacy protections: For subpoenas, be prepared for protective orders and potential motions to quash; follow court rules on notice and scope.

Talk to a Personal Injury Attorney

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.