March 16, 2025
Obtaining medical records and police reports is critical to building a strong wrongful death case. Below are the steps to secure these documents in North Carolina:
Legal Authority: You must be the executor of the decedent’s will or the court-appointed administrator of their estate to request medical records.
Alternatives: If the decedent had a power of attorney granting access to medical records, you may use this document. If no such authority exists, you may need a court order.
1. Submit a Written Request:
-Send a formal, written request to the healthcare provider (e.g., hospital, doctor’s office) via mail or email. Include the decedent’s name, dates of treatment, and your legal authority (e.g., executor status).
- HIPAA Compliance: Providers must follow HIPAA guidelines, which allow them to charge a fee for copying and mailing records.
2. Include a HIPAA Release:
-If the decedent did not grant you access during their lifetime, attach a HIPAA release form signed by the executor/administrator.
3. Wait for Response:
-Providers must respond within 10 calendar days if records are stored offsite.
-Review for Completeness: Ensure all relevant documents (e.g., doctor’s notes, test results, autopsy reports) are included.
1. Contact the Law Enforcement Agency:
-Request the report from the police department or sheriff’s office that investigated the incident (e.g., car accident, workplace injury).
-Provide the decedent’s name, incident date, and location.
2. Submit a Written Request:
-Some agencies require a formal request. Include your relationship to the decedent and purpose (e.g., wrongful death claim).
3. Costs:
-Reports may incur a small fee (e.g., $5–$20).
1. Incomplete or Missing Records:
-Medical: Request fetal heart monitor strips or other non-standard records separately.
-Police: Follow up with the agency if reports are delayed or incomplete.
2. Delays: Hospitals may take 30+ days to finalize records post-discharge.
3. Legal Assistance: Attorneys can expedite requests and ensure compliance with deadlines.
Wrongful death cases hinge on thorough documentation. An attorney can:
If you need help obtaining medical records or police reports, contact Hall & Dixon for expert support. Their attorneys specialize in wrongful death cases and can guide you through the process.
Read: Legal Options If Your Wrongful Death Case is Dismissed in Court
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