Detailed Answer
If you suffered an injury in Minnesota, chiropractic treatment records can play a key role in proving your claim. They offer objective evidence of your injury, treatment plan, progress and medical necessity. Courts admit these records under Minnesota’s business-records exception and authentication rules, provided you follow proper procedures.
1. Relevance of Chiropractic Records to Personal Injury Claims
- Documenting Injury and Causation: Chiropractors routinely record range-of-motion tests, pain levels and diagnoses. These notes help establish that your injury stemmed from the incident in question.
- Tracking Treatment and Damages: Treatment logs, billing statements and progress reports quantify your medical expenses and show ongoing care needs.
- Corroborating Witness Statements: Detailed records can support your testimony and any lay-witness accounts of your pain and limitations.
2. Obtaining Your Chiropractic Records
Under Minnesota law, a health care provider must keep your records confidential. You must sign a written authorization to release them or obtain a court order.
- Patient Authorization: Use a HIPAA-compliant form allowing the chiropractor to disclose records.
Minn. Stat. § 144.291 (2019) outlines when providers may release records. - Subpoena or Court Order: If the provider refuses, your attorney can seek a subpoena duces tecum or court order compelling disclosure.
3. Admissibility in Court
Once you secure the records, you must authenticate them and overcome hearsay concerns.
- Business-Records Exception: Under Minn. R. Evid. 803(6), records kept in the regular course of business qualify as an exception to hearsay if the custodian attests to their accuracy.
- Self-Authentication: A certified copy accompanied by a custodian’s certificate meets Minn. R. Evid. 902(11), removing the need for live testimony.
- Foundation Testimony: A custodian or qualified witness can confirm the record’s creation, maintenance and trustworthiness.
4. Using the Records Effectively
- Highlight Key Entries: Emphasize initial assessments, range-of-motion metrics and treatment recommendations that tie directly to your accident.
- Link Treatment to Damages: Show how the record’s treatment plan correlates with your medical bills and future care needs.
- Combine with Other Evidence: Use chiropractic notes alongside imaging reports, accident reports and testimony to build a cohesive narrative.
Helpful Hints
- Request records early to avoid delays in discovery.
- Review your records for accuracy; correct any errors with an addendum.
- Ask your chiropractor for a narrative summary if notes are highly technical.
- Use certified copies to streamline admissibility.
- Coordinate with your attorney to prepare the custodian’s affidavit.
Disclaimer: This article provides general information under Minnesota law. It does not constitute legal advice and does not establish an attorney-client relationship. Consult a licensed attorney for advice about your specific situation.