Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Chiropractic treatment records can significantly strengthen a personal injury claim in Washington. These records document your injuries, treatment plan, progress, and related costs. You can use them to demonstrate causation, severity, and reasonableness of medical expenses.
Admissibility: Under Washington’s business records hearsay exception (RCW 5.45.020(4)), properly maintained patient files qualify as evidence. To admit these records, your attorney must:
- Authenticate the records through testimony or certification that they are kept in the ordinary course of business (see RCW 5.45.020).
- Ensure the custodian or a qualified witness lays the foundation under Washington Evidence Rule 901.
- Obtain certified copies under Washington Evidence Rule 902.5 if the opposing party challenges authenticity.
Medical Privacy and Access: You can request your chiropractic records directly from the provider under Washington’s health records statute (RCW 70.02.050). If the provider denies or delays, your attorney can issue a subpoena or a production request under Civil Rule 34 (CR 34).
Demonstrating Damages: Use the records to calculate past and future medical expenses, lost wages, and treatment needs. Expert testimony, such as from a chiropractor or medical economist, can interpret and project costs for the jury or adjuster.
By combining detailed chiropractic notes, billing records, and expert analysis, you create a clear narrative of injury and recovery. This approach can enhance settlement negotiations or trial outcomes.
Helpful Hints
- Request full records early to avoid delays.
- Obtain certified copies to prevent authenticity challenges.
- Coordinate with your attorney to issue subpoenas if necessary.
- Use treatment progress notes to show improvement or ongoing challenges.
- Consider an expert witness to explain chiropractic findings to a jury.