Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed Indiana attorney regarding your specific circumstances.
Detailed Answer
Chiropractic treatment records can significantly strengthen a personal injury claim in Indiana. These records document your injuries, diagnosis, treatment plans, and billing, offering objective evidence of your damages. Indiana courts admit such records under the business records exception to the hearsay rule, outlined in Indiana Evidence Rule 803(6).
1. Authenticate Your Records
- Obtain records directly from the chiropractor’s office with your signed HIPAA-compliant release.
- Submit a custodian’s affidavit or testimony to verify the records were kept in the ordinary course of business.
- Use a subpoena under Indiana Trial Rule 45 if the office resists voluntary production.
2. Request Records Through Discovery
- Serve requests for production under Indiana Trial Rule 34.
- Define requests to include electronic files, progress notes, imaging reports, and billing statements.
- Review responses promptly to identify gaps or redactions.
3. Leverage Record Retention Requirements
Indiana Code § 25-10-1-8 requires chiropractors to keep patient records for at least seven years. Cite this statute to compel preservation and production: Ind. Code § 25-10-1-8.
4. Presenting Records at Trial
- Redact unrelated or privileged information (e.g., past medical history).
- Highlight entries tied to accident dates and treatment necessity.
- Pair records with expert testimony to explain treatment terms and procedures to the jury.
Helpful Hints
- Create a timeline of your treatments and symptoms to align with record entries.
- Keep copies of all release forms and correspondence with the chiropractic office.
- Note and address any inconsistencies in records during discovery.
- Discuss your chiropractor’s credentials in depositions to boost record credibility.
- Maintain a symptom journal alongside professional records for added proof.