Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Yes, you can use chiropractic treatment records to bolster a personal injury claim in Rhode Island. These records can demonstrate the nature and extent of your injuries, the treatment you received, and the connection between the accident and your medical condition. Below is an overview of how to leverage these documents effectively under Rhode Island law.
1. Establishing Relevance
Chiropractic notes, X-rays, treatment plans, and billing statements serve as evidence of:
- Diagnosis: The chiropractor’s professional findings about soft-tissue injuries, subluxations, or spinal misalignments.
- Treatment Timeline: When you began care, frequency of visits, and duration of therapy.
- Progress Reports: Records showing improvement or ongoing symptoms.
- Medical Necessity and Reasonableness: Billing entries and treatment plans that reflect industry standards and usual costs.
2. Admissibility Under Rhode Island Rules of Evidence
To admit chiropractic records at trial, you must satisfy the business-records exception to the hearsay rule. Rhode Island law allows admission of regularly kept records if:
- The record was made at or near the time of treatment.
- The creator had a business duty to make the entry.
- The record was part of the chiropractor’s ordinary practice.
Under R.I. Gen. Laws § 9-1-17 (business-records exception), these entries are admissible when properly authenticated. See: R.I. Gen. Laws § 9-1-17.
3. Foundation and Authentication
An attorney or witness must lay the foundation by testifying that the records were:
- Prepared by the chiropractor or a staff member.
- Made in the normal course of practice.
- Accurately reflect your treatment history.
Alternatively, you can introduce the records through certification under R.I. Gen. Laws § 9-1-34 if the provider is unavailable to testify.
4. Potential Challenges
- Relevance: Opponents may argue the records do not relate to the injury-causing event.
- Authentication: Lack of proper witness to confirm entries.
- Completeness: Missing pages or gaps can weaken your case.
Working with an attorney ensures you address these issues, prepare expert testimony if needed, and meet all procedural requirements for Rhode Island courts.
Helpful Hints
- Request complete medical records, including handwritten notes, imaging, and billing statements.
- Keep originals and provide certified copies to your attorney.
- Ask your chiropractor to certify or testify about the records’ accuracy.
- Track all out-of-pocket expenses, such as co-pays and related travel costs.
- Consider a medical expert to explain the chiropractic findings to a jury.
- Review R.I. Gen. Laws § 9-1-17 early in discovery to plan your foundation strategy.