Detailed Answer
In Virginia, chiropractic treatment records can play a pivotal role in personal injury claims. These records document your injuries, treatment timeline, and prognosis. Courts often admit them under Virginia’s hearsay exceptions for business and medical records, provided you follow proper procedures.
Admissibility Under Virginia Hearsay Rules
Business Records Exception (Va. Code § 8.01-398)
Under Va. Code § 8.01-398, records kept in the ordinary course of business are admissible if a custodian or qualified witness testifies about their creation and maintenance. Chiropractic offices routinely document visits, diagnoses, and treatments, meeting this exception’s “regularly conducted activity” requirement. See https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-398/
Statements for Medical Diagnosis or Treatment (Va. Code § 8.01-401)
Virginia also allows statements made for medical diagnosis or treatment. Under Va. Code § 8.01-401, a patient’s descriptions of symptoms and pain can be admissible if prepared by a healthcare provider. This exception covers your descriptions in intake forms and progress notes. See https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-401/
Using Chiropractic Records to Strengthen Your Claim
- Demonstrate Causation: Align treatment dates with the accident timeline to show a causal link between the incident and your injuries.
- Detail Injuries: Use diagnostic notes and imaging reports in records to confirm the severity of soft-tissue or spinal injuries.
- Show Treatment Plan: Present treatment frequency and duration as evidence of ongoing care and need for future therapy.
- Expert Support: Have your chiropractor testify on standard practices and treatment rationale to validate record authenticity and relevance.
Helpful Hints
- Request complete records early to avoid delays.
- Verify entries for accuracy and consistency.
- Organize records chronologically to streamline review.
- Consult an attorney for guidance on admissibility and strategy.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.