Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
When you pursue a personal injury claim in Nebraska, chiropractic treatment records can play a pivotal role in proving the nature and extent of your injuries. To use these records effectively, you must meet Nebraska’s evidentiary and confidentiality requirements.
1. Admissibility Under Nebraska’s Evidence Rules
Nebraska Rule of Evidence 803(6) provides a business‐records exception to the hearsay rule. Under Neb. Rev. Stat. § 27-803(6), a record of a treatment, diagnosis, or opinion is admissible if you show that:
- The record was made at or near the time of treatment by someone with knowledge;
- It was kept in the ordinary course of the chiropractor’s regular business;
- Creating the record was a normal practice;
- A custodian or qualified witness verifies these facts, or it is accompanied by a certification under Neb. Rev. Stat. § 27-902(11).
Link: Neb. Rev. Stat. § 27-803(6)
2. Authentication and Foundation Requirements
Before a court will admit chiropractic records, you must authenticate them under Neb. Rev. Stat. § 27-901. Authentication typically involves:
- Sworn testimony by the records custodian or another qualified witness explaining how and when the records were made;
- A written certification under Neb. Rev. Stat. § 27-902(11) if the custodian cannot appear in court;
- Evidence that the records accurately reflect patient care as documented contemporaneously.
Link: Neb. Rev. Stat. § 27-901
3. Ensuring Patient Confidentiality
Under Neb. Rev. Stat. § 71-2649.02, healthcare providers must protect patient privacy. To obtain and use chiropractic records, secure a HIPAA‐compliant authorization from the patient. Without a valid release, a court may exclude the records or impose penalties.
Link: Neb. Rev. Stat. § 71-2649.02
4. Leveraging Records to Prove Your Claim
Chiropractic records can help you establish:
- Causation: Tie your accident to documented injuries.
- Severity: Show pain levels, range-of-motion tests, and diagnostic findings.
- Medical Necessity and Reasonableness: Detail treatment plans, session frequency, and costs.
- Progress and Prognosis: Demonstrate healing progress or chronic conditions.
Helpful Hints
- Obtain a signed medical‐records release to comply with HIPAA.
- Request a detailed billing ledger with CPT codes to clarify treatment costs.
- Keep records organized in chronological order to show treatment progression.
- Use a professional records retrieval service to gather complete files.
- Consult an attorney early to integrate records into settlement negotiations.