Detailed Answer
When you suffer injuries in an accident in Indiana, emergency department and chiropractic treatment records can provide compelling evidence of causation, injury severity, and ongoing care. Effective use of these medical documents can strengthen your personal injury claim in several ways.
1. Establishing Causation and Severity
Emergency records capture your initial complaint, clinical observations, and diagnostic tests (X-rays, CT scans, labs). These time-stamped entries tie your injuries directly to the accident.
Chiropractic records often document soft-tissue injuries, range-of-motion limitations, treatment plans, and progress notes over multiple visits. Together, they show how the accident caused both immediate and ongoing harm.
2. Admissibility Under Indiana Evidence Rules
Under Indiana Evidence Rule 803(6) (Business Records Exception), medical records are admissible as an exception to hearsay if you:
- Present records kept in the regular course of business.
- Show they were made at or near the time of treatment.
- Obtain a custodian’s affidavit or witness testimony to authenticate the records.
Link to Rule 803(6): Indiana Rules of Evidence 803(6).
3. Authentication and Foundation
To admit treatment records in court, your attorney will:
- Secure a HIPAA‐compliant medical authorization from you.
- Obtain records directly from the hospital and chiropractic clinic.
- Use testimony from the records custodian or treating provider to confirm accuracy and completeness.
- Maintain a clear chain of custody for all documents.
4. Organizing and Presenting Records
Arrange records chronologically and highlight key entries:
- Emergency intake notes showing complaints and vital signs.
- Diagnostic reports confirming fractures or soft-tissue damage.
- Chiropractic progress notes documenting pain levels, physical findings, and treatment modalities.
- Billing records to demonstrate treatment intensity and duration.
Creating a summary chart or timeline helps jurors and adjusters quickly see how your injuries developed and persisted.
5. Obtaining Records Legally
Under HIPAA and Indiana law, you have the right to access your health records. Submit a written request along with a valid authorization. Providers must respond within 30 days. If you encounter delays, your attorney can issue a subpoena or motion to compel production.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Indiana personal injury attorney before making legal decisions.
Helpful Hints
- Request complete records, including nurses’ notes and diagnostic images.
- Keep copies of all authorizations and correspondence with providers.
- Use a medical records vendor to organize voluminous documents.
- Ask your chiropractor to include objective measures (e.g., goniometer readings).
- Work with your attorney to prepare a medical chronology for settlement and trial.