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
Yes. In New Mexico, chiropractic treatment records can play an important role in supporting a personal injury claim. They document diagnoses, treatment plans, therapies, patient progress and prognosis. A clear, contemporaneous record strengthens your case by providing independent evidence of your injuries, the cause and extent of your damages.
Admissibility under New Mexico law. Chiropractic records qualify as “business records,” which are generally admissible as an exception to the hearsay rule. Under the New Mexico Rules of Evidence, Rule 11-803(D)(6) the trial court may admit records created in the regular course of business—such as clinical notes, x-ray reports and billing entries—if a custodian or qualified witness certifies their authenticity. N.M.R.E. 11-803(D)(6)
Authentication requirements. To introduce these records, your attorney will typically obtain a certification or affidavit from the chiropractor or the clinic’s records custodian. The certification must confirm that:
- the records were created at or near the time of treatment;
- the records were made in the ordinary course of business; and
- it was the regular practice of the clinic to make such records.
This process ensures the court treats the records as reliable evidence.
How chiropractic records support your claim.
- Documenting causation: Treatment notes and initial evaluations show how your injuries stemmed from the accident.
- Proving severity and duration: Progress reports and therapy notes demonstrate the impact on your daily life and ongoing care needs.
- Estimating future care costs: Chiropractors often outline anticipated future treatments, which helps calculate full damage awards.
- Corroborating other medical evidence: Chiropractic findings can reinforce imaging studies and orthopedic evaluations.
Helpful Hints
- Request copies of all chiropractic records early, including intake forms, progress notes, x-ray reports and billing ledgers.
- Verify that records include dates, provider signatures and clear descriptions of treatments rendered.
- Ask your chiropractor for a signed affidavit or certification to authenticate records under N.M.R.E. 11-803(D)(6).
- Organize chiropractic files chronologically and integrate them with other medical records for a cohesive narrative.
- Consult a personal injury attorney before filing suit to ensure you meet New Mexico’s procedural requirements and deadlines.