Do I need to keep my lawyer updated every time I have new treatment or test results? – North Carolina

Short Answer

In North Carolina, it is usually a good idea to keep a lawyer updated whenever there is new treatment, a new provider, a new test (like an MRI), or new results related to an injury claim. Those updates help the firm request the right records, track damages, and avoid gaps that can slow settlement talks or create disputes about what caused the symptoms. If medical-record authorizations have not been signed yet, timely updates matter even more because the firm may not be able to obtain the records on its own.

Understanding the Problem

In a North Carolina accident claim, the question is whether a client must report each new medical visit, test, or result to the law firm handling the case, especially when new information arrives between appointments. The practical decision point is whether new treatment or testing changes what records exist, who has them, and what the claim needs to prove. The same issue comes up when a medical test has happened but follow-up care is still being scheduled and the firm has not yet received signed authorizations to request records.

Apply the Law

North Carolina law treats medical information as confidential, and health care providers generally release records only with proper authorization (or a court order in limited situations). That means a law firm often cannot efficiently collect complete records unless the client signs medical authorizations and keeps the firm informed about where care is happening and what new testing occurred. In addition, medical bills and records can create liens that must be identified and handled when a case resolves, so keeping the record trail current helps avoid last-minute surprises.

Key Requirements

• Complete record trail: The claim needs medical records that connect the accident to the diagnosis, treatment plan, and ongoing symptoms.
• Proper authorization to obtain records: Providers typically require signed releases before sending records to a law firm.
• Ongoing communication about changes: New providers, new tests, and new results can change what records must be requested and reviewed.

What the Statutes Say

• N.C. Gen. Stat. § 8-53 (Health care provider-patient communications) – Treats medical information as confidential and generally requires patient authorization (or a proper legal process) for disclosure.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) – Creates a lien right for certain medical charges connected to an injury recovery and ties lien validity to providing itemized statements/records upon request in many situations.
• N.C. Gen. Stat. § 44-50.1 (Accounting/disbursement and HIPAA note) – Addresses accounting for lien payments and notes that nothing requires action contrary to HIPAA.

Analysis

Apply the Rule to the Facts: The facts describe an accident claim with a recent MRI and a follow-up appointment still to be scheduled. That MRI creates new records (the imaging report and often the radiology images) that can affect diagnosis and treatment recommendations, so the firm benefits from knowing the test occurred and where it was performed. Because signed authorizations have not yet been received, the firm may not be able to request the MRI report directly from the provider, making client updates and prompt signing of releases especially important.

Process & Timing

1. Who files: No court filing is required just to update treatment. Where: The update goes to the law firm handling the North Carolina claim. What: Provide the date of the visit/test, provider name, location, and whether results were given; sign medical-record authorizations when provided. When: As soon as practical after the appointment or after receiving results.
2. Records request and review: After authorizations are signed, the firm typically requests the MRI report, related office notes, and billing records, then reviews them for diagnosis, causation language, and treatment recommendations. Timing varies by provider and can take days to weeks.
3. Claim development: The firm uses the updated records to value the claim, respond to insurance questions, and plan next steps (for example, whether to wait for follow-up care or additional testing before making a demand). The timeline depends on how quickly follow-up appointments occur and how complete the records are.

Exceptions & Pitfalls

• Gaps in treatment: Long gaps between visits can create arguments that symptoms resolved or were caused by something else; prompt updates help the firm explain the timeline and request the right records.
• New providers not disclosed: If care occurs at an imaging center, urgent care, or specialist and the firm is not told, key records may be missed until late in the case.
• Unsigned or incomplete authorizations: Providers may refuse to release records without proper authorization, which can delay negotiations and make it harder to document damages.
• Partial information: Reporting “had an MRI” without the facility name, date, and ordering provider can slow down record requests and follow-up.

Conclusion

In North Carolina, keeping a lawyer updated about new treatment, new tests, and new results is usually important because medical records are confidential and the firm often needs signed authorizations and accurate provider details to obtain them. New information like an MRI can change the medical picture and the documentation needed to support the claim. The most practical next step is to promptly provide the MRI date and facility information and return signed medical-record authorizations as soon as they are received.

Talk to a Wrongful Death Attorney

If ongoing treatment or new test results are coming in during an accident claim, our firm has experienced attorneys who can help organize the record trail, explain what information matters, and keep the case moving on the right timeline. 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.