Detailed Answer
Yes. In Wyoming, chiropractic treatment records can play a crucial role in proving elements of a personal injury case—especially causation, injury severity, and ongoing treatment needs. Courts admit these records under Wyoming Rule of Evidence 803(6) (Business Records Exception), provided you establish that the records were made in the regular course of business and kept in the ordinary practice of the chiropractic clinic (Wyo. R. Evid. 803(6)). You may also authenticate records under Rule 902(11) if you obtain a certified copy from the custodian (Wyo. R. Evid. 902(11)).
Key steps to use these records effectively:
- Relevance: Show how the chiropractor’s notes document your accident-related complaints, diagnostic findings (e.g., range-of-motion tests, neurological exams) and prescribed treatment plan.
- Authentication: Obtain a declaration or testimony from the records custodian verifying their creation, maintenance, and reliability under the business records exception.
- Foundation Witness: A treating chiropractor can testify about the treatment details, causation opinion, and how the records accurately reflect your condition.
- Expert Corroboration: Your attorney may call a medical expert to review the chiropractic records and confirm the linkage between your injury and the care documented.
- Statute of Limitations: Remember Wyoming’s four-year deadline for personal injury suits (Wyo. Stat. § 1-3-105(a)(iv)). Preserve and request records promptly.
Chiropractic records can strengthen your claim by providing objective corroboration of injury, treatment chronology, and ongoing care needs. However, pure opinion statements from the chiropractor may require expert testimony to overcome hearsay objections.
Helpful Hints
- Request complete, certified copies of your chiropractic records directly from the clinic.
- Secure the chiropractor as a witness or expert early in litigation to avoid surprise objections.
- Review the records for gaps or inconsistencies; address them with supplemental affidavits or depositions.
- Coordinate chiropractic records with other medical records (e.g., ER visits, imaging reports) for a cohesive narrative.
- Consult your attorney about potential privacy concerns under HIPAA and how to execute proper authorizations.
Disclaimer: This article provides general legal information under Wyoming law and does not constitute legal advice. Laws change frequently. For advice on your specific situation, consult a licensed attorney.