Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Detailed Answer
1. Understanding Emergency and Chiropractic Treatment Records
Emergency room (ER) records capture the initial assessment, diagnostic tests (X-rays, CT scans), treatment provided, and discharge instructions following an accident. Chiropractic treatment records reflect ongoing care, progress notes, therapeutic modalities, and any functional limitations. Both sets of records serve as objective proof of injury, treatment necessity, and continuity of care.
2. Why These Records Matter in a Personal Injury Claim
In Maine personal injury litigation, you must prove:
- Injury causation: That the defendant’s negligence caused your injuries.
- Injury severity: That you sustained real, compensable harm.
- Damages and treatment costs: That you incurred medical expenses, pain and suffering, or loss of function.
ER records document the initial severity and establish a causation timeline. Chiropractic records show ongoing damage and the need for conservative, non-surgical treatment. Together, they bolster your claim for damages.
3. Admissibility of Medical Records
Under the business records exception (M.R. Evid. R. 803(6)), medical and chiropractic records are generally admissible if created in the regular course of treatment. Ensure your attorney obtains a certified copy and a custodian’s affidavit to meet admissibility requirements in Maine courts.
4. How to Obtain and Organize Records
- Execute a HIPAA-compliant release form to the hospital and chiropractic clinic. See U.S. Dept. of Health & Human Services, HIPAA Privacy Rule.
- Request a complete set of records including radiology reports, ER physician notes, nursing notes, discharge summaries, chiropractic evaluation notes, progress charts, therapy logs, and billing statements.
- Organize chronologically in a single binder or electronic document with tabs: ER visit, imaging, initial chiropractic exam, subsequent adjustments, and billing.
5. Using Records to Establish Causation and Damages
- Link accident to treatment: Highlight ER notes referring to the accident mechanism (e.g., “rear-end collision”).
- Demonstrate continuity: Show chiropractor’s notes referencing ER findings and new or worsened symptoms over time.
- Quantify damages: Sum ER charges, imaging costs, chiropractic fees, and any out-of-pocket expenses.
- Corroborate with expert testimony: Use a medical expert to explain how emergency and chiropractic care relate to your injuries.
6. Cite Applicable Maine Statutes
- Definition of chiropractic practice: Maine Rev. Stat. tit. 24, §2902 (view statute).
- Chiropractor licensure and record-keeping: Maine Rev. Stat. tit. 32, §1771 (view statute).
Helpful Hints
- Start treatment promptly after an accident to avoid gaps that insurers may contest.
- Keep copies of all invoices and proof of payment to establish economic damages.
- Maintain a pain diary to document daily symptoms and how they affect your activities.
- Ask your chiropractor to note any pre-existing conditions and explain how the accident aggravated them.
- Work with your attorney to prepare a medical chronology exhibit for settlement or trial.