Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
Yes, chiropractic treatment records can play a key role in strengthening a personal injury claim in Tennessee. These records document your symptoms, diagnoses, treatment plans, and progress over time. They can help establish the nature and extent of your injuries, link them to the accident, and support your claim for damages.
1. Establishing Foundation and Authentication
Under the Tennessee Rules of Evidence Rule 803(6) (the “business records exception”), medical records are admissible if you show:
- They were made at or near the time of treatment.
- They were prepared by someone with knowledge of the events recorded.
- It was the regular practice of the health care provider to make such records.
An authenticated copy of your chiropractic file, coupled with a custodian’s affidavit or testimony, meets these criteria. The chiropractor or office manager can testify about record-keeping practices and confirm authenticity.
2. Demonstrating Causation and Severity
To recover compensation, you must show that the accident caused your injuries and quantify your damages. Chiropractic notes, X-rays, range-of-motion tests, and treatment summaries:
- Corroborate your account of pain and functional limitations.
- Document diagnoses such as soft-tissue injury, spinal misalignment, or nerve impingement.
- Track your progress, illustrating ongoing care needs.
3. Expert Testimony Requirement
While Tennessee does not always require a medical expert to testify in ordinary negligence cases, expert testimony may be necessary if the defense challenges causation or future care costs. A licensed chiropractor or medical doctor may testify about the significance of your records, your prognosis, and reasonable treatment expenses.
4. Patient Authorization and Privacy
Obtain a signed release under HIPAA to access your chiropractic file. Without proper authorization, the provider may not lawfully disclose records. See U.S. Department of Health & Human Services: HIPAA Privacy Rule.
5. Organizing and Presenting Records
Arrange records chronologically and consider creating a summary exhibit. Highlight key entries showing initial complaints, treatment frequency, improvement or setbacks, and final prognosis. Clear organization helps judges, juries, and adjusters understand the link between the accident and your injuries.
Helpful Hints
- Request a complete copy of your chiropractic file, including images and billing ledgers.
- Work with an attorney to prepare a custodian’s certificate or affidavit for record authentication.
- Consider deposition of your chiropractor to lay the foundation for admissibility.
- Use a medical expert affidavit to explain technical details to non-medical audiences.
- Keep detailed notes about your pain, daily limitations, and treatment costs to supplement formal records.