Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Chiropractic treatment records can serve as powerful evidence in a personal injury claim in Nevada. They document your injury, the course of treatment, and related costs. Insurers and courts rely on these records to assess causation, prognosis, and damages.
Why Chiropractic Records Matter
- Injury Documentation: Detailed notes on your initial exam, pain levels, and functional limitations establish that you sought professional care.
- Causation & Treatment: Progress notes, X-rays or MRIs, and treatment plans link your injuries directly to the accident.
- Cost Evidence: Bills and receipts show economic damages, such as chiropractic fees and related medical expenses.
Admissibility in Nevada Courts
Under Nevada’s hearsay exceptions, certain portions of medical records—and statements made for diagnosis—are admissible even if the chiropractor or patient is unavailable to testify:
- NRS 48.075 allows statements of a patient’s then-existing physical condition, purpose of medical diagnosis or treatment.
- Medical records often qualify as business records under the regularly conducted activity exception to hearsay.
Obtaining & Authenticating Records
To introduce records into evidence, you must obtain them correctly and prove their authenticity:
- Written Authorization: Under NRS 629.091, chiropractors require a valid release to furnish your records.
- Proper Service: In litigation, use discovery tools such as a subpoena duces tecum to compel production.
- Authentication: Have a custodian or qualified witness certify the records reflect your treatment.
Leveraging Records in Settlement & Trial
Your attorney can highlight records to demonstrate:
- Severity of Injuries: Frequency and intensity of symptoms.
- Medical Necessity: Why chiropractic care was required and whether additional treatment is likely.
- Ongoing Impact: Long-term care needs and related costs.
Helpful Hints
- Request complete copies of all chiropractic files, including imaging and billing statements.
- Review records for accuracy; flag any gaps or errors immediately.
- Keep originals safe; distribute certified copies to your attorney and insurer.
- Discuss with your attorney whether you need an expert witness to interpret technical details.
- Use records in tandem with other medical documentation for a comprehensive damages presentation.