Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Massachusetts, you strengthen a personal injury claim by using emergency and chiropractic treatment records to prove causation, severity, and damages. Courts require clear documentation of how an accident led to injuries and subsequent medical care. Follow these steps under Massachusetts law:
1. Obtain and Preserve All Medical Records
Request your complete emergency department records, including triage notes, physician evaluations, imaging reports, and discharge instructions. Under M.G.L. c. 233 § 79, you can secure records from hospitals and chiropractors with a signed authorization (M.G.L. c. 233 § 79).
Next, gather chiropractic treatment notes, billing records, and adjustment logs. Chiropractors must maintain treatment records under professional standards. Preserve originals and request certified copies.
2. Establish Causation and Severity
Link your injuries directly to the accident. For example, emergency records often capture initial pain levels and physical findings. Chiropractic records can show the progression of treatment and ongoing symptoms. Together, they paint a timeline from injury to recovery.
3. Quantify Economic and Non-Economic Damages
Use billing statements, itemized receipts, and insurance explanation-of-benefits forms to calculate your medical expenses. M.G.L. c. 260 § 2A sets a three-year statute of limitations for personal injury claims (M.G.L. c. 260 § 2A), so file within that period.
4. Incorporate Records into Depositions and Pleadings
Submit your medical records as exhibits when you file your complaint or exchange disclosures. Use them in depositions to ask about specific entries—such as notes on pain scores and treatment recommendations.
5. Work with Experts
Retain a medical expert who can interpret ER findings and chiropractic notes to confirm that your symptoms match the documented injuries. Expert testimony can link treatment records directly to accident impact and refine damage calculations.
Helpful Hints
- Request records promptly. Early requests prevent loss of critical pages.
- Keep a medical diary. Note dates, pain levels, and functional limits between visits.
- Organize chronologically. Use tabs or digital folders to separate ER and chiropractic files.
- Review for gaps. Missing appointments can harm your claim; ensure continuous care documentation.
- Authenticate records. Obtain hospital and chiropractor signatures or certified statements to verify records’ accuracy.
- Consult an attorney early. They can guide record collection and meet procedural deadlines.