How do I sign the medical-record release forms so my lawyer can get my MRI and other treatment records? – North Carolina

Short Answer

In North Carolina, a law firm usually needs a signed HIPAA-compliant medical-record authorization before most providers will release MRI films/images, radiology reports, and treatment records. The authorization must be signed and dated by the patient (or, in some situations, a legally authorized representative) and it must clearly identify who can receive the records and what records can be released. If the firm has not sent the forms yet, the next step is typically to request the packet (or a secure e-sign link) and confirm the correct provider names and dates of treatment so the authorization matches what the facility requires.

Understanding the Problem

Under North Carolina wrongful death and injury-related claims, can a patient sign medical-record release forms so a law firm can request an MRI and other treatment records when the patient has not received the authorization packet yet and follow-up care is still pending?

Apply the Law

North Carolina generally treats medical information as confidential, and health care providers commonly require a written authorization before releasing records to a third party such as a law firm. In practice, the authorization must be specific enough for the provider’s medical records department to identify the patient, the facility, the date range, and the exact categories of records requested (for example, MRI images versus the radiology report). If the patient is deceased, North Carolina law generally limits who can authorize release, and the person signing must have proper legal authority.

Key Requirements

• Correct signer: The patient signs and dates the form. If the patient is deceased or lacks capacity, the signer must have legal authority to act (for example, a personal representative for a deceased patient).
• Clear scope: The form should name the provider/facility and describe the records to be released (MRI images/films, radiology reports, office notes, PT records, billing, etc.) and the date range.
• Correct recipient: The form must clearly identify the law firm (and often the specific attorney or records vendor, if used) as the recipient so the provider can send records to the right place.

What the Statutes Say

• N.C. Gen. Stat. § 8-53 (Physician-patient communications; confidentiality; authorization and court-ordered disclosure) – Medical information obtained in treatment is generally confidential and is typically furnished only with the patient’s authorization (or, if deceased, the executor/administrator, and in some situations next of kin), unless a court compels disclosure.

Analysis

Apply the Rule to the Facts: The situation involves an accident claim where an MRI has already occurred and additional treatment is expected. Because providers commonly require a signed authorization before releasing records to a law firm, the practical issue is getting the correct authorization form in hand and signing it in a way the MRI facility and other providers will accept. Since the packet has not arrived, the immediate step is usually administrative (confirming delivery method and the provider list) rather than a dispute about whether records can be requested at all.

Process & Timing

1. Who signs: The patient. If the patient is deceased, the personal representative of the estate typically signs. Where: The authorization is usually signed at home and returned to the law firm by secure upload, e-signature platform, mail, or in-person drop-off. What: A HIPAA medical-record authorization (and sometimes a separate authorization for MRI images/films). When: As soon as possible after identifying the providers and dates of service, because records requests often cannot be submitted until the signed forms are received.
2. Firm submits requests: After the signed authorizations are returned, the firm (or a records retrieval service) sends requests to each provider’s medical records department. MRI facilities often treat “images” (DICOM files) differently from “reports,” so the request may need to specify both.
3. Records arrive and are reviewed: The provider sends records to the firm, sometimes in batches. If follow-up care is still pending, the firm may request an initial set now and a “supplemental” set later after the next appointment occurs.

Exceptions & Pitfalls

• Signing the wrong version: Some providers reject older forms or forms missing required HIPAA elements. Using the firm’s current form (or the provider’s own release form if required) helps avoid delays.
• Missing key details: A missing date, incomplete provider name, or unclear date range can cause a “deficient authorization” response and restart the process.
• MRI images vs. MRI report: An authorization that only requests “records” may result in receiving the written radiology report but not the actual images. If images are needed, the request should say so explicitly.
• Follow-up care not yet scheduled: If treatment is ongoing, one request may not capture later visits. Many cases require a second request after the next appointment.
• Authority issues if the patient is deceased: If the signer lacks legal authority, the provider may refuse to release records until proper documentation is provided under North Carolina law.

For related guidance on reducing delays, see help speed up getting the missing medical records and, for certain emergency care documentation, request the EMS records.

Conclusion

In North Carolina, a law firm typically needs a properly signed and dated medical-record authorization before providers will release MRI records and other treatment records. The form should identify the correct signer, the providers, the date range, and the firm as the recipient, and it should clearly request both MRI reports and images if needed. The most important next step is to obtain the firm’s authorization packet (or e-sign link) and return the signed forms promptly so the records requests can be submitted without delay.

Talk to a Wrongful Death Attorney

If you’re dealing with an accident claim where medical records (including MRI records) are needed to move the case forward, our firm has experienced attorneys who can help explain the authorization process, what to request, and how timing can affect the next steps. 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.