Disclaimer: The information provided here is for general understanding and educational purposes only. It is not legal advice.
Detailed Answer
1. What Are Chiropractic Treatment Records?
Chiropractic treatment records include patient intake forms, examination findings, progress notes, treatment plans and billing statements. They detail injuries, symptoms, diagnoses and the care provided. These records create a medical history of your condition following an accident.
2. How They Strengthen Your Personal Injury Claim
Chiropractic records serve several purposes in a negligence-based personal injury case under Michigan law. They:
- Corroborate your account of pain and symptom progression.
- Demonstrate a link between the incident and your injuries (causation).
- Support the reasonableness and necessity of treatment (damages).
- Show ongoing care if injuries persist over weeks or months.
3. Relevant Michigan Evidence Rules
Medical records generally qualify under the hearsay exception for statements made for medical diagnosis or treatment. Under MRE 803(4), treatment records are admissible if they document information useful to your diagnosis.
To authenticate records, you must comply with MRE 901. A custodian or treating chiropractor may testify that the records are what they purport to be.
For discovery, Michigan Court Rule MCR 2.302(B)(1) allows you to request copies of all medical records relevant to the claim. Your attorney can issue a subpoena to a non-party provider.
4. Obtaining and Admissibility
Work with your attorney to request a certified copy of your chiropractic file directly from the provider. Ensure the records contain dates, signatures and office letterhead for authentication. Where possible, have the treating chiropractor verify the accuracy in deposition.
5. Common Challenges
Defendants may challenge:
- Relevance if records address unrelated injuries.
- Completeness if key entries are missing dates or signatures.
- Frequency or necessity of care if treatment appears excessive.
Address these by focusing on entries tied closely to the accident and by having your chiropractor explain the treatment protocol.
Helpful Hints
- Request the full file, including progress notes, x-ray reports and invoices.
- Obtain certified records to streamline admissibility.
- Prepare the treating chiropractor for deposition or trial testimony to authenticate records.
- Review records promptly to spot and correct gaps.
- Combine chiropractic records with emergency department or imaging reports for a comprehensive medical narrative.