Detailed Answer
Disclaimer: This article does not provide legal advice. Consult an attorney for guidance on your specific situation.
What Are Chiropractic Treatment Records?
Chiropractic treatment records document your initial exam, ongoing adjustments, imaging, progress notes, and billing information. These records establish the nature and extent of your injuries and the care you received following an accident.
Admissibility Under Maryland Evidence Rules
Under Maryland law, medical records can be admitted via the business records exception to the hearsay rule. See Md. Rule 5-803(b)(4). To authenticate these records, you need a foundation witness—typically the chiropractor or records custodian—under Md. Rule 5-901.
Proving Causation and Damages
To show that your injuries stem from the accident, expert testimony meeting Md. Rule 5-702 is often required. A qualified chiropractor can explain how the collision caused musculoskeletal injuries requiring care. Billing records and invoices help calculate your economic damages, while treatment frequency and progress notes support non-economic claims like pain and suffering.
Potential Limitations in Maryland
Courts may exclude records lacking proper foundation, containing unexplained handwritten notes, or appearing unrelated to the accident. Maryland’s strict contributory negligence rule—Md. Code, Cts. & Jud. Proc. § 5-109—bars any recovery if your own negligence contributed even slightly.
Practical Steps to Strengthen Your Claim
Gather complete, certified copies of all chiropractic records, including x-rays and invoices. Ask your chiropractor to provide a written affidavit or testify about their creation. Organize records chronologically and highlight entries related to your accident date. Retain an independent medical expert to interpret technical terminology and tie the treatment directly to your crash injuries.
Helpful Hints
- Request certified records directly from your chiropractor’s office.
- Use itemized invoices to support your claimed medical expenses.
- Consult a personal injury attorney early to ensure proper evidence handling.
- Confirm your expert witness meets the reliability test under Md. Rule 5-702.
- Keep detailed logs of treatment dates, mileage, and related out-of-pocket costs.