What happens to my case if the EMS records never come in or are incomplete? – North Carolina

Short Answer

In North Carolina, missing or incomplete EMS records usually do not automatically end a wrongful death case, but they can affect how quickly the case moves and what evidence is available to prove key issues. When EMS records are delayed or incomplete, the next steps often include follow-up requests, a corrected authorization, and—if needed—a court order or subpoena to compel production. The most important practical risk is timing: the case still has to be investigated and filed before the applicable deadline, even if records are outstanding.

Understanding the Problem

In a North Carolina wrongful death matter, what happens if an EMS provider does not send the full patient care report, sends only part of it, or says no records exist? Can the claim still move forward, and what steps are available to obtain the missing EMS documentation while other medical records have already been received?

Apply the Law

EMS records are treated as confidential medical information in North Carolina. That confidentiality is a common reason for delays, partial production, or refusals when a request is missing the right authorization, the right legal representative, or the right legal process. When voluntary production does not work, North Carolina law allows disclosure through a court order, and civil procedure tools (like subpoenas in a pending case) are often used to require a records custodian to produce what exists. Separately, wrongful death cases have filing deadlines that do not pause just because records are slow, so the litigation plan often has to account for that reality.

Key Requirements

• Proper authority to request the records: EMS providers commonly require a valid authorization from the patient’s legal representative (or another legally recognized basis) before releasing records.
• Clear identification of what is being requested: Requests that are too narrow, too broad, missing dates, or missing incident identifiers can lead to partial production or “no records found” responses.
• A back-up enforcement path: If informal requests fail, the case may need a subpoena (once a lawsuit is filed) or a court order to compel production of confidential EMS records.

What the Statutes Say

• N.C. Gen. Stat. § 143-518 (Confidentiality of patient information) – Treats EMS-related patient information as confidential and allows release with written consent or pursuant to a court order, among other limited circumstances.
• N.C. Gen. Stat. § 8-53 (Communications between health care provider and patient) – Protects confidential medical information and generally requires patient authorization (or, if deceased, authorization by the executor/administrator) unless a judge compels disclosure when necessary to the administration of justice.

Analysis

Apply the Rule to the Facts: Here, the matter is ongoing, other records have been received, and EMS-related records are still outstanding. That pattern often points to an administrative delay, a request that needs clarification, or a confidentiality/authorization issue that the EMS provider will not resolve without additional paperwork. If the EMS provider ultimately produces only part of the file, the next step is usually to confirm whether additional components exist (for example, addenda, dispatch notes, run sheets, or attachments) and then use formal legal process if voluntary production stalls.

Process & Timing

1. Who follows up: The law firm (on behalf of the estate/personal representative). Where: With the EMS agency’s records custodian (and sometimes the county/municipal records office that maintains EMS records). What: A renewed records request with a corrected authorization and a narrow, clearly identified date/time/incident request. When: Promptly after the provider’s stated turnaround time passes.
2. If the response is incomplete: The firm typically sends a deficiency letter identifying what is missing and asking the custodian to confirm in writing whether additional records exist or were destroyed/never created, and whether there are separate sources (dispatch vendor, billing contractor, QA file) that require a different request.
3. If informal efforts fail: Once a lawsuit is filed, the firm can pursue a subpoena to the records custodian and, when confidentiality objections arise, seek a court order compelling production and setting limits on use and disclosure.

Exceptions & Pitfalls

• Wrong person signing: EMS providers may reject authorizations that are not signed by the legally recognized representative for a deceased patient, which can lead to long delays until the paperwork is corrected.
• “No records found” that is really a search problem: If the request has the wrong date, spelling, incident number, or transport destination, the provider may not locate the run even though it exists.
• Assuming missing records stop the case: A case can often be evaluated using other sources (hospital records, witness statements, dispatch confirmations), but the litigation strategy may change if EMS documentation never arrives.
• Waiting too long to escalate: If a provider is unresponsive, the case may need formal discovery tools and a court order; delaying escalation can compress the timeline for filing and for expert review.

Conclusion

In North Carolina, missing or incomplete EMS records usually create a proof and timing problem, not an automatic dismissal. EMS records are confidential and often require the correct authorization from the proper legal representative or a court order before the provider will release them. The practical approach is to follow up quickly, correct any authorization or identification issues, and be prepared to use a subpoena and seek a court order if voluntary production fails—while still planning to file the case before the applicable deadline.

Talk to a Wrongful Death Attorney

If a case is waiting on EMS records and the file is incomplete or delayed, our firm has experienced attorneys who can help explain the records process, push for production, and keep the case on track with key timelines. 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.