Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
After an accident in Alabama, chiropractic treatment records can play a vital role in a personal injury claim. These records document your injuries, treatment history, and medical costs. Courts admit them under Alabama’s business records exception to the hearsay rule (Ala. R. Evid. 803(6)).
Admissibility of Chiropractic Records
Chiropractic offices routinely keep detailed notes, X-rays, billing statements and progress reports. To admit them:
- Obtain a certified records custodian affidavit or testimony.
- Show the records were made at or near the time of treatment, in the regular course of business.
- Ensure the records’ authenticity and integrity.
Relevance to Liability and Damages
Records can link your injuries to the accident by showing:
- Initial diagnosis (e.g., whiplash, lumbar strain).
- Treatment plan and ongoing care.
- Medical costs and treatment duration.
- Patient’s reported pain levels and functional limitations.
This evidence helps prove causation and quantify economic and non-economic damages.
Statute of Limitations
In Alabama, you generally have two years from the accident date to file a personal injury lawsuit (Ala. Code § 6-2-38). Gathering and preserving chiropractic records early ensures you meet this deadline and avoid evidence loss.
HIPAA Compliance and Record Requests
Healthcare providers must comply with HIPAA privacy rules when releasing records. You will need a signed authorization. Many chiropractors charge a reasonable copying fee, but Alabama law caps certain fees for medical records.
Helpful Hints
- Request your full treatment record soon after you start care.
- Keep original documents; avoid unofficial summaries.
- Work with your attorney to properly authenticate records.
- Check for gaps or inconsistencies in treatment dates.
- Use records to support both liability (fault) and damages.
Using chiropractic records effectively can strengthen your case by offering clear proof of medical care, costs, and the link between the accident and your injuries.