Detailed Answer
When you file a personal injury claim in Vermont, chiropractic treatment records can strengthen your case by documenting the nature and extent of your injuries and the course of treatment. These records often provide persuasive evidence of diagnosis, treatment plans, and related medical expenses.
Admissibility of Chiropractic Records
Under the Vermont Rules of Evidence (Vermont Rules of Evidence, Chapter 031), chiropractic treatment records generally qualify under the business records exception (Rule 803(6)). To admit these records, you must show:
- The record was made at or near the time of treatment by someone with knowledge.
- The record was kept in the regular course of the chiropractor’s business.
- It was the regular practice of that business to make such a record.
- A qualified custodian or other qualified witness can authenticate the records.
Accessing Your Records
Vermont law ensures you can obtain copies of your medical records. Under Title 18 V.S.A. § 1831 (Right to Inspect Medical Records), you have a right to inspect and copy your chiropractic records. Request them as soon as possible to comply with evidence deadlines.
Relevance to Damages and Causation
Chiropractic records can demonstrate:
- Causation: A documented link between the accident and your injuries.
- Severity: Detailed notes on pain levels, range of motion, and functional limitations.
- Duration of Treatment: Consistency and frequency of visits.
- Costs: Itemized bills that support your claim for medical expenses.
Statute of Limitations
Vermont sets a three-year statute of limitations for personal injury claims under Title 12 V.S.A. § 551 (Personal Injury Statute of Limitations). Gathering and submitting chiropractic records early helps you prepare a timely claim.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. For advice tailored to your situation, consult a Vermont attorney.
Helpful Hints
- Request your chiropractic records promptly to avoid delays or missing documents.
- Review records for accuracy; correct any errors with the provider.
- Ask your chiropractor for a letter summarizing treatment and prognosis.
- Gather all related bills and receipts to document your medical expenses.
- Consult an attorney experienced in Vermont personal injury claims early in the process.