Can my lawyer request my medical records without my signed authorization forms? – North Carolina

Short Answer

Usually, no. In North Carolina, most health care providers will not release medical records to a lawyer without a signed authorization from the patient (or, if the patient has died, the proper personal representative or next of kin) or a valid court order/subpoena. In an accident claim, the practical reality is that signed HIPAA-style authorizations are the standard way a law firm requests records, especially for recent testing like an MRI.

Understanding the Problem

In a North Carolina accident or wrongful death-related claim, can a law firm obtain a client’s medical records from a hospital, imaging center, or doctor’s office when the client has not signed the firm’s medical authorization forms? The decision point is whether the provider has legal permission to release the records to the lawyer, which usually depends on a signed authorization or a formal legal process that compels production.

Apply the Law

Medical records are generally confidential. In North Carolina, health care providers typically require the patient’s written authorization before releasing records to a third party, including a lawyer. If a case is already in litigation, records can also be obtained through formal legal process (commonly subpoenas and court-supervised discovery), but providers often still ask for a compliant authorization to avoid disputes and delays. If the patient is deceased, the authority to approve release usually shifts to the estate’s personal representative (executor/administrator) or, in some situations, next of kin.

Key Requirements

• Valid permission to release: A provider generally needs a signed authorization from the patient (or the legally authorized person if the patient is deceased) before sending records to a law firm.
• Correct decision-maker: If the claim involves a death, the person who can authorize release is often the executor/administrator (or, in limited situations, next of kin), not just any family member.
• Proper legal process if no authorization: If authorizations are not available, a lawyer may need to use subpoenas/court procedures after a lawsuit is filed, which can take more time and can trigger objections.

What the Statutes Say

• N.C. Gen. Stat. § 8-53 (Physician-patient communications; authorization/court-compelled disclosure) – Treats medical information as confidential and generally requires patient authorization (or, if deceased, the executor/administrator or next of kin), with limited court-compelled disclosure in appropriate cases.

Analysis

Apply the Rule to the Facts: Here, the client recently had an MRI and is still scheduling follow-up care, but has not signed medical authorizations. In that situation, the law firm can ask for records, but the imaging center or hospital will usually refuse to release them until it receives a signed authorization (or the firm uses a court-driven process after filing suit). Practically, the missing authorization packet is likely the main reason the firm has not pulled the MRI report and images yet.

Process & Timing

1. Who requests: The law firm (or the client directly). Where: The hospital, imaging center, or treating provider’s medical records/ROI (release of information) department in North Carolina. What: A HIPAA-compliant authorization form (often the provider’s form or the firm’s form) plus any provider-specific request sheet. When: As soon as treatment happens; many firms request records in batches, but new tests like MRIs are often requested promptly once the authorization is on file.
2. If a lawsuit is filed: The firm may use subpoenas and discovery requests through the court process. Timeframes vary by county and provider response times, and objections can slow production.
3. What is received: Typically the MRI report, imaging disk/link, and related visit notes; the firm then reviews them and may request follow-up records after the next appointment occurs.

Exceptions & Pitfalls

• Litigation subpoenas are not “instant access”: If records are pursued through subpoenas, providers may still require notice, may object, or may produce only after compliance steps are satisfied.
• Wrong person signs: In a death-related claim, a provider may reject an authorization signed by someone who is not the estate’s appointed personal representative (or otherwise legally authorized).
• Incomplete authorizations: Missing dates of service, missing provider names, or missing required HIPAA elements can cause rejections and weeks of delay.
• Mental health/substance use records: Some categories of records can require additional, more specific authorization language and may be handled more cautiously by providers.

Conclusion

In North Carolina, a law firm usually cannot obtain medical records from a provider without a signed authorization from the patient (or, if the patient is deceased, the executor/administrator or sometimes next of kin) unless the records are compelled through a court process. For a recent MRI and upcoming follow-up care, the practical next step is to sign and return the firm’s medical authorizations so the records request can be submitted promptly.

Talk to a Wrongful Death Attorney

If a firm is trying to gather medical records for an accident claim and the authorization paperwork has not arrived or needs to be updated for new treatment like an MRI, our firm has experienced attorneys who can help explain the process and keep the timeline moving. 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.