How to Obtain and Use Medical Records and Diagnostic Imaging to Support an Auto Accident Injury Case in North Carolina

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Detailed Answer

Overview

If you were hurt in a North Carolina auto accident, the insurance company will not pay until you document the injury. Your strongest proof comes from your medical records and diagnostic imaging—X-rays, MRIs, CT scans, and similar studies. This guide explains, in plain English, how to collect those records, what they cost, and how your attorney uses them to build a winning claim.

1. How to Request Your Records

  1. Identify every provider – List hospitals, urgent-care clinics, primary-care doctors, chiropractors, physical therapists, and imaging centers you visited after the crash.
  2. Sign a HIPAA-compliant release – North Carolina providers follow the federal Health Insurance Portability and Accountability Act (HIPAA). A written authorization must:
    • Describe the information requested ("all treatment records and diagnostic imaging")
    • Name the provider releasing the records
    • State the purpose ("insurance claim and legal review")
    • Be dated and signed by you or your legal representative
  3. Submit the request – Fax, mail, or upload the release to the provider’s medical-records department. Keep proof of delivery.
  4. Pay the statutory fee – Under N.C. Gen. Stat. § 90-411, providers may charge:
    • $0.75 per page for the first 25 pages
    • $0.50 per page for pages 26–100
    • $0.25 per page for each page over 100
    • Actual postage and any reasonable fee (usually $10–$15) for diagnostic images copied to CD/DVD
    Many facilities waive the fee if another healthcare provider—not a law office—requests the records for continued treatment, so ask your treating doctor for help.
  5. Timeline – HIPAA gives providers 30 days to respond, with one possible 30-day extension. Most North Carolina hospitals deliver within two weeks if the fee is paid promptly.

2. Special Tools for Attorneys

Your lawyer can speed the process by using:

  • Subpoena Duces Tecum – Once a lawsuit is filed, North Carolina Rule of Civil Procedure 45 allows a subpoena commanding the provider to mail certified copies to counsel or the court.
  • Medical Narrative Affidavit – N.C. Gen. Stat. § 8-58.1 lets a doctor summarize injuries, causation, and prognosis in a sworn statement. The affidavit is admissible at trial without live testimony if served on the defense at least 60 days beforehand.
  • Business-Records Affidavit – Under N.C. Rule of Evidence 803(6), a custodian’s affidavit authenticates the records as business records, avoiding the need to call a records custodian to court.

3. Why Imaging Matters

Insurance adjusters love objective tests. An MRI showing a herniated disc or an X-ray confirming a fracture removes doubt. Your attorney will:

  • Convert the DICOM files to viewable PDFs or JPEGs for easy sharing
  • Highlight key slices with arrows or annotations
  • Ask the radiologist for an addendum clarifying whether the findings are acute (caused by the crash) or degenerative (pre-existing)

4. Using Records to Prove the Five Key Elements

  1. Causation – Same-day emergency-room notes link the trauma to the wreck.
  2. Severity – Imaging and surgical reports quantify the damage.
  3. Treatment Reasonableness – Physical-therapy notes show treatment was medically necessary.
  4. Duration – A clean record before the crash and months of care afterward document ongoing problems.
  5. Prognosis – A physician narrative outlines future care and costs.

5. Protecting Privacy

North Carolina recognizes the physician-patient privilege. You waive it only to the extent you place your medical condition at issue. Share records selectively—usually from date of injury forward—unless prior records are relevant (e.g., similar body part). Your attorney can seek a protective order if the insurer’s demand is too broad.

6. Common Pitfalls

  • Gaps in treatment give insurers ammunition. Follow the doctor’s orders and keep appointments.
  • Social media posts about "feeling better" contradict medical notes—stay off Facebook.
  • Saying “I’m fine” to paramedics appears in EMS records and reduces case value.

Helpful Hints

  • Request records in electronic format to lower costs and speed delivery.
  • Keep a treatment journal; dates help match your notes to the provider’s entries.
  • Ask the imaging center for both the radiologist report and the actual images.
  • Review records for accuracy—simple coding errors can overstate or understate your injuries.
  • Notify your lawyer immediately if a provider receives a letter of protection or hospital lien notice.

Bottom line: Comprehensive, well-organized medical documentation turns a "he-said, she-said" accident into a fact-driven claim the insurer cannot ignore.

Ready for professional guidance? Our North Carolina personal-injury team has years of experience gathering, analyzing, and presenting medical evidence. Call us today at 919-313-2737 for a free consultation and let us start building your case.

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