Short Answer

In North Carolina, you need complete medical records and itemized bills that connect your treatment to the crash and show what was actually paid. Hospital and provider records can be admitted with a custodian’s affidavit if you follow the notice rules. Keep ER records, imaging reports, physician notes, prescriptions, therapy notes, work restrictions, and final paid statements. North Carolina courts generally look at the amount paid or owed for necessary care, not just the amounts initially billed.

Understanding the Problem

You want to know exactly which medical records to gather to prove your North Carolina personal injury claim. The injured person must collect and preserve records that show what care was provided, why it was needed, and how much was paid. The trigger is right after treatment begins and continues through recovery. Here, you received emergency room care for chest and abdominal injuries after a motor vehicle crash.

Apply the Law

Under North Carolina law, you prove injury-related medical expenses with records and bills that tie your treatment to the accident and show the amounts actually paid or owed for necessary care. You can authenticate hospital and provider records with a custodian’s affidavit and proper notice instead of live testimony. Claims often resolve by settlement; if filed, they proceed in North Carolina civil court. A key deadline is the general three-year limit for filing most negligence lawsuits.

Key Requirements

• Link the treatment to the crash: Records should state the injury cause (e.g., motor vehicle collision) and diagnoses.
• Provide complete records: ER notes, physician notes, imaging and radiology reports, lab results, operative reports, discharge summaries, and therapy notes.
• Show what was paid or is owed: Itemized bills and final account ledgers or zero‑balance statements from each provider.
• Authenticate efficiently: Custodian affidavits or certifications allow admission of records without in‑person testimony if you give advance written notice.
• Document medications and devices: Prescription lists, pharmacy printouts, DME receipts, and instructions.
• Capture functional limits: Doctor work‑notes, activity restrictions, and referrals that reflect how injuries affected daily life and work.

What the Statutes Say

• N.C. R. Evid. 414 (Medical expenses evidence) - Courts consider amounts actually paid or owed for necessary medical care, not just amounts billed.
• N.C. Gen. Stat. § 8-44.1 (Hospital records) - Allows admission of hospital medical records as evidence when properly authenticated.
• N.C. Gen. Stat. § 8-44.2 (Custodian affidavits) - Permits records to be authenticated by affidavit with advance notice to other parties.
• N.C. Gen. Stat. § 1-52 (Limitations) - General three-year deadline for filing most negligence actions.

Analysis

Apply the Rule to the Facts: Because your ER visit followed a crash and involved chest pain, abdominal bruising, and lacerations, request the ER physician notes, nursing notes, trauma records, imaging and radiology reports, and discharge summary to link treatment to the collision. Obtain itemized bills and a final ledger from the hospital and any separate providers (ER physician group, radiology, and lab). Ask for custodian affidavits so the records can be used without live testimony if your case is filed.

Process & Timing

1. Who files: You or your attorney. Where: Each provider’s Health Information Management/Medical Records and Billing departments in North Carolina. What: HIPAA‑compliant authorization, request for complete treatment records, itemized bills, final account statements, and a custodian of records affidavit. When: Start within days of discharge; providers commonly take 2–4 weeks to fulfill requests (timelines can vary).
2. When records arrive, review for completeness and correct date ranges; if imaging was done, request the radiology report and the image files (often on a CD or secure link). Ask billing for a zero‑balance or “paid in full” statement showing the amounts actually paid.
3. If you file suit, serve advance written notice of any intent to use custodian affidavits and attach the records so they can be admitted without live witnesses. Keep organized copies for settlement negotiations or trial.

Exceptions & Pitfalls

• Gaps in treatment or missed follow‑ups weaken the connection between the crash and your care; keep appointments and document reasons for any gaps.
• Request records and bills from every entity involved (hospital, ER physicians, radiology, labs, therapy). Hospitals and physician groups bill separately.
• Insurance EOBs help you track payments, but you still need provider itemized bills and final ledgers to show amounts actually paid.
• Preexisting conditions can be addressed, but you must distinguish new injuries or aggravation; ask providers to note this in the records.
• Authentication traps: missing custodian affidavits or failing to give advance notice can make records harder to admit in court.

Talk to a Personal Injury Attorney

If you’re dealing with crash‑related injuries and need to prove your medical treatment and expenses, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.