Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney about your situation.
Detailed Answer
In Missouri, chiropractic treatment records can play a key role in a personal injury claim. These records typically include intake forms, examination notes, diagnostic images, treatment plans, billing statements and progress reports. When properly authenticated, they help establish three core elements of your claim:
- Causation. Your chiropractor’s notes can link your symptoms to the accident, showing when and how the injury first appeared.
- Necessity of Treatment. Treatment plans and progress notes explain why chiropractic care was required and how it addressed your injury.
- Damages and Cost. Billing statements document the value of care you received and the reasonable cost of future treatment.
Admissibility Under Missouri Rules of Evidence
Under the business records exception, a properly stored and maintained record is not excluded as hearsay. Missouri Revised Statutes § 491.092 states that records kept in the regular course of business can be admitted if you present:
- A records custodian’s affidavit or testimony authenticating the documents.
- Evidence that making the record was a routine practice.
- Proof that the record was created at or near the time of treatment.
Link: RSMo § 491.092
Steps to Use Chiropractic Records Effectively
Follow these steps to ensure your chiropractic records support your claim:
- Gather Complete Charts. Request your entire treatment file, including X-rays, MRIs, progress notes and billing statements.
- Secure an Affidavit. Have the chiropractor or records custodian sign an affidavit confirming the authenticity and routine care of the records.
- Highlight Key Entries. Identify notes that link your condition directly to the accident, your initial complaints and improvements over time.
- Estimate Future Care. Ask your chiropractor for a written opinion on future chiropractic needs and costs.
- Organize by Date. Present records chronologically to tell a clear story from injury to recovery milestones.
Timing Considerations
Missouri’s statute of limitations for most personal injury actions is five years from the date of the accident. See RSMo § 516.140. Missing this deadline can bar your claim, so act promptly to preserve evidence.
Helpful Hints
- Always request records in writing and confirm receipt.
- Keep copies of all correspondence and records you obtain.
- Consider a chart review by an independent medical expert for corroboration.
- Maintain a treatment diary to supplement clinical records with daily symptom reports.
- If the insurer disputes your records, you may need a subpoena or deposition to compel production.