Using Chiropractic Treatment Records to Strengthen a Personal Injury Claim in Montana

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.

Detailed Answer

Chiropractic treatment records can play a critical role in proving your personal injury claim in Montana. These records document your injuries, treatments, and progress over time. Under Montana’s rules of evidence, properly admitted records can help establish causation, severity of injuries, and reasonable medical expenses.

1. Admissibility Under the Business Records Exception

Montana Rule of Evidence 803(6) allows out-of-court records made in the regular course of business to be admitted as an exception to the hearsay rule. To qualify:

• The chiropractor must create the records at or near the time of treatment.
• The records must be kept in the ordinary course of business.
• The record keeper must testify or provide a certification showing the trustworthiness of the entries.

See Mont. R. Evid. 803(6): https://leg.mt.gov/bills/mca/title_0460/chapter_0050/part_0080/section_0030.

2. Proving Causation and Damages

Chiropractic notes can link the accident to your injuries by recording your initial complaints, objective findings (such as range-of-motion tests), and treatment plans. Montana law allows you to recover medical expenses as damages if you prove they were reasonable and necessary. Keeping clear, detailed invoices and records supports your claim for past and future treatment costs.

3. Authentication and Foundation

To introduce the records, your attorney will need to authenticate them. This often involves a declaration from the chiropractor or custodian of records explaining how the file was created and maintained. Authentication prevents challenges to the accuracy and completeness of your records.

4. Addressing Privacy and HIPAA

Chiropractic files contain sensitive medical information protected by federal law (HIPAA). You may need to sign a release authorizing the chiropractor to share your records with insurers, attorneys, or the court.

Helpful Hints

• Request Records Early: Send a written records request to your chiropractor as soon as possible to avoid delays or loss of data.
• Verify Completeness: Check that the records include intake notes, treatment logs, x-ray or imaging reports, and billing statements.
• Track All Expenses: Maintain copies of invoices for every session and related costs, such as medical devices or travel.
• Get Expert Review: Consider having a medical expert or another chiropractor review your records to prepare a clear timeline of injury and treatment.
• Preserve Evidence: Avoid altering records or discarding any documents. Spoliation can lead to penalties or loss of evidence in Montana courts.