What are the next steps in my case once all the records are received? – North Carolina

Short Answer

In a North Carolina wrongful death case, once all medical and EMS records are received, the next steps usually include organizing and reviewing the records, confirming who has legal authority to act for the estate, and deciding whether the evidence supports a claim and against whom. The firm typically looks for timeline gaps, key clinical decisions, and whether additional records or witnesses are needed. If the case appears viable, the next step is often a formal claim process (such as an insurance demand) or filing a lawsuit before the deadline.

Understanding the Problem

In a North Carolina wrongful death matter, a common question is what happens after the last outstanding records arrive, especially when some medical records have been received but EMS-related records are still pending. The decision point is what the firm can do next once the complete record set is in hand, including whether the records support moving forward with a claim, whether more information is needed, and what the next procedural step should be in the case.

Apply the Law

Wrongful death cases in North Carolina are built on proof. Medical and EMS records often provide the core timeline of what happened, what care was provided, and what decisions were made. Those records are also commonly needed to evaluate causation (whether the conduct contributed to the death) and damages (the types of losses the law allows). In practice, the firm’s next steps after receiving all records usually include confirming legal authority to obtain and use the records, completing a liability and causation review, and then choosing the best path forward (pre-suit resolution efforts or filing suit in the appropriate North Carolina court) before the statute of limitations expires.

Key Requirements

• Complete record set and authority to use it: The firm typically needs the hospital/clinic records plus EMS/dispatch-related records, and it must have proper authorization (often through the estate’s personal representative) to request and rely on them.
• Liability and causation review: The records must support a clear timeline and a medically supported link between the conduct at issue and the death.
• Damages documentation: The firm usually gathers billing, employment/income information, and other documents that help prove the losses the claim seeks to recover.

What the Statutes Say

• N.C. Gen. Stat. § 143-518 (Confidentiality of patient information; EMS/trauma records) – EMS-related patient information is generally confidential and is released only under specific conditions (such as proper written consent or a court order).
• N.C. Gen. Stat. § 90-412 (Electronic medical records) – North Carolina recognizes electronic medical records and applies the same confidentiality and access principles to electronic records as to paper records.

Analysis

Apply the Rule to the Facts: Here, most records have been received, but EMS-related records are still outstanding. Until the EMS records arrive, the timeline may have gaps (for example, dispatch notes, on-scene assessments, vitals, medications given, transport decisions, and handoff details). Once the firm receives the EMS records, the firm can complete a full chronology, confirm whether the records support liability and causation, and decide whether additional follow-up (such as supplemental requests or a formal legal request) is needed.

Process & Timing

1. Who follows up: The law firm. Where: With the EMS agency or its records vendor (and, if needed, through the appropriate North Carolina court process). What: A renewed records request with the correct authorization and identifiers (date of service, incident number if known, patient identifiers). When: As soon as it is clear the EMS records are outstanding, with periodic follow-ups until production is complete.
2. Record organization and issue-spotting: After the last records arrive, the firm typically indexes the file, builds a timeline, and flags missing pages, illegible scans, and inconsistencies between EMS notes and hospital records. If gaps remain, the firm may send targeted supplemental requests.
3. Case evaluation and next move: The firm generally evaluates whether the evidence supports moving forward, identifies the proper parties/insurers, and then chooses a next step such as a pre-suit demand package or filing a lawsuit in the proper North Carolina trial court before the deadline.

Exceptions & Pitfalls

• Records release problems: EMS records are often treated as confidential and may require the correct written consent or other lawful basis for release; an incomplete authorization can delay the case.
• Missing or incomplete records: A “complete” production sometimes still has missing run sheets, ECG strips, medication administration details, dispatch notes, or attachments. A targeted follow-up request can matter.
• Waiting too long to plan around deadlines: Even when a provider is slow to respond, the legal deadline to file does not necessarily pause. The case plan should account for that risk early.

Conclusion

In North Carolina, once all medical and EMS records are received in a wrongful death case, the next steps usually include confirming proper authority to use the records, completing a full timeline, and evaluating liability, causation, and damages. After that review, the firm typically decides whether to pursue pre-suit resolution or file a lawsuit in the appropriate court. The most important next step is to complete the records follow-up and case review early enough to file before the statute of limitations deadline.

Talk to a Wrongful Death Attorney

If a wrongful death matter is waiting on EMS-related records and the question is what happens once the file is complete, our firm has experienced attorneys who can help explain the process, what information matters, and the timelines that may apply. 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.