Can I request the EMS records myself, or does it have to come through the law firm? – North Carolina

Short Answer

In North Carolina, EMS “run reports” and related patient care records are confidential and generally can only be released with proper written consent from the patient or the patient’s legally authorized representative, or through a court order. That means a person can sometimes request the records directly, but only if that person has the right legal authority and provides the correct authorization paperwork. In many wrongful death matters, the law firm requests the records because it can submit the right authorizations, track compliance, and follow up when providers delay.

Understanding the Problem

Under North Carolina wrongful death practice, the decision point is whether the person asking for EMS records has the legal authority to obtain confidential EMS patient care records, or whether the request must be made through counsel using the proper authorization. The question often comes up when some medical records have arrived but EMS-related records are still outstanding, and the family wants to know whether making a direct request will speed things up.

Apply the Law

North Carolina treats EMS patient care records as confidential medical records. An EMS provider generally cannot release them as public records. Release typically requires (1) written consent from the person identified in the record (or that person’s guardian/authorized representative), or (2) a court order. In a wrongful death case, the “right person” to authorize release is often the estate’s personal representative (sometimes called the administrator or executor), not every family member.

Key Requirements

• Proper authority to consent: The requester must be the patient, the patient’s guardian, or (if the patient is deceased) the legally authorized representative who can sign for release.
• Written authorization that the EMS provider will accept: The request usually must include a signed medical authorization and any provider-specific release form, plus identification and any proof of authority the provider requires.
• Correct recipient and scope: The request must go to the correct EMS agency/records custodian and clearly identify the date of service, patient name, and the specific records requested (e.g., patient care report, billing, dispatch/incident documentation if maintained as part of the medical record).

What the Statutes Say

• N.C. Gen. Stat. § 143-518 (Confidentiality of patient information) – EMS patient care records are confidential and not public records; release generally requires written consent of the person identified (or guardian) or a court order.

Analysis

Apply the Rule to the Facts: The facts describe an ongoing matter where other records have been received but EMS-related records are still pending. Under the confidentiality rules, a direct request can work only if the requester can provide acceptable written authorization and any required proof of legal authority. If the firm already has the correct authorization on file, a second request from a different person can sometimes create confusion or trigger duplicate processing rather than speed.

Process & Timing

1. Who files: The patient (if living) or the legally authorized representative (often the estate’s personal representative in a wrongful death matter), or the law firm with a signed authorization. Where: The EMS agency’s records custodian (often the county or municipal EMS department, or a contracted EMS provider). What: A written request plus a signed medical authorization/release; many agencies also require their own release form and proof of authority. When: As soon as the correct authority exists and the authorization is signed; provider turnaround times vary.
2. Follow-up: If records are delayed, a follow-up call/fax/email to confirm receipt, confirm the correct patient identifiers/date of service, and ask whether any additional documentation is needed (for example, proof of appointment as personal representative) often moves the request forward.
3. Delivery: The EMS provider typically sends records by secure email, portal, fax, or mail to the authorized recipient listed on the release (often the law firm for litigation tracking and completeness).

Exceptions & Pitfalls

• Not every family member can sign: In many wrongful death situations, the estate’s personal representative is the person with authority to request and receive the decedent’s medical/EMS records, even when close family members are involved.
• Incomplete or mismatched paperwork: Missing signatures, missing dates, missing patient identifiers, or using the wrong form can cause the EMS agency to reject or “pause” the request.
• Duplicate requests can slow things down: If the EMS agency receives multiple requests from different people, it may require extra verification steps to avoid an improper release.
• Court order route: If an EMS provider refuses to release records despite proper authority and authorization, a court order may be needed in some cases.

Conclusion

In North Carolina, EMS patient care records are confidential and usually can be released only with proper written consent from the patient or the legally authorized representative (often the estate’s personal representative in a wrongful death matter), or by court order. A direct request is sometimes possible, but it must include the correct authorization and proof of authority the EMS agency requires. The most practical next step is to submit (or confirm submission of) a complete written request and signed authorization to the EMS records custodian and follow up promptly if the provider asks for additional documentation.

Talk to a Wrongful Death Attorney

If a family is dealing with missing EMS records in a wrongful death matter, our firm has experienced attorneys who can help clarify who has authority to request the records, what paperwork is needed, and how to push the request forward without creating delays. 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.