Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Gathering and Authenticating Your Treatment Records

Emergency department and chiropractic records serve as your core evidence. First, request records in writing from each provider. Under the HIPAA Privacy Rule, you may obtain copies with your written authorization. In Maryland, you can also request production under Maryland Rule 2-412 (Production of Documents).

Next, ensure authenticity. Ask for a certified copy or a records custodian’s affidavit. This establishes chain of custody and meets the best evidence requirement in court.

Organizing Evidence to Prove Liability and Causation

Organize records chronologically. Highlight:

• Dates of emergency visits and chiropractic sessions
• Diagnostic findings (e.g., X-rays, MRIs)
• Provider notes on injury cause and severity

This timeline ties your symptoms directly to the accident. It shows that your injuries are reasonably related to the defendant’s conduct.

Documenting Damages and Treatment Costs

Compile itemized bills and payment records. Emergency room invoices reflect initial treatment costs. Chiropractic bills demonstrate ongoing care expenses. These records quantify your economic damages. Under Md. Cts. & Jud. Proc. § 5-105, you must file an action within three years of the injury. Plan accordingly to avoid missing deadlines.

Ensuring Admissibility at Trial

Follow these best practices:

• Obtain a medical foundation letter from each treating provider
• Include a records custodian affidavit with your exhibit list
• Be prepared to lay foundation through witness testimony if required

Well-documented records withstand motions to exclude evidence and strengthen your position at trial.

Addressing Defense Challenges

The defense may argue pre-existing conditions or alternate causes. Use the treatment timeline and clear medical opinions to differentiate new injuries from prior issues. Consider retaining an expert to reinforce causation and necessity of care.

Next Steps

Review your records with an attorney. They can issue subpoenas for withheld documents and negotiate protective orders to maintain confidentiality. Early coordination strengthens your claim and ensures you meet all procedural requirements.

Helpful Hints

• Keep original documents organized by date and provider
• Track all written requests and responses from medical facilities
• Verify that records include provider signatures or official stamps
• Use digital folders or physical binders to separate types of records
• Follow up promptly on any missing or incomplete records