Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your situation.
Detailed Answer
1. The Role of Chiropractic Records in Personal Injury Claims
Chiropractic treatment records document your injuries, treatment plans, and progress notes. In Mississippi, these records can bolster your personal injury claim by:
- Nature and severity of injuries sustained.
- Medical necessity of each treatment session.
- Duration and frequency of care.
- Associated medical expenses.
2. Admissibility Under Mississippi Law
Under Mississippi Rule of Evidence 803(6), business records are an exception to the hearsay rule if you establish:
- The record was made at or near the time of treatment.
- The record was kept in the regular course of the chiropractor’s business.
- The record maker had a duty to report accurately.
- A custodian or qualified witness can authenticate the records.
3. Authentication Requirements
Mississippi Rule of Evidence 901 (M.R. Evid. 901) requires a foundation to prove the records are genuine. You can authenticate chiropractic records by:
- Obtaining a declaration or testimony from the records custodian.
- Submitting a certification under seal if allowed by local rules.
- Comparing signatures or letterhead to known examples.
4. How to Obtain and Use the Records
Request your chiropractic records early in discovery under Mississippi Rules of Civil Procedure 26. Provide a records authorization form to the provider. Once obtained, integrate them into your claim to:
- Calculate total medical expenses for damages.
- Show the causal link between the accident and injuries.
- Support settlement negotiations with documented evidence.
- Enhance credibility at trial with consistent medical documentation.
5. Potential Limitations
Keep in mind that:
- Records lacking proper foundation may be excluded.
- Pre-existing conditions noted in records can be used against you.
- Some insurers may dispute excessive treatment or billing codes.
- The value of records depends on the overall strength of your case.
Helpful Hints
- Obtain records as soon as possible to avoid delays in your claim.
- Review all entries for accuracy and completeness.
- Ask the chiropractor to clarify any ambiguous treatment notes.
- Keep original invoices and payment records for expense calculation.
- Discuss potential challenges with your attorney to ensure admissibility.
- Include narrative summaries of your pain and disability linked to records.
- Use clear headings and timestamp annotations when presenting records.