Disclaimer: This article does not provide legal advice. It offers general information about using chiropractic treatment records in a New York personal injury claim. Consult a qualified attorney for legal advice.
Detailed Answer
Chiropractic treatment records can strengthen a personal injury claim in New York. They document your injury, treatment plan, and progress over time. Courts often admit these records as business records under the hearsay exception if you properly authenticate them.
Under New York Civil Practice Law and Rules (CPLR) § 3101 (CPLR 3101), you may request these records during discovery. CPLR § 4537 (CPLR 4537) addresses privileged medical communication but allows treatment records to be disclosed for litigation when properly ordered or released by the patient.
Additionally, Education Law § 6509 (EDN § 6509) requires chiropractors to keep patient records for at least six years, ensuring your records exist for use in your claim.
These records help prove causation and damages by showing your initial condition, adjustments, and any noted improvement or continuing pain. They can support claims for medical expenses, pain and suffering, and lost wages.
Helpful Hints
- Request complete records: Ask your chiropractor for all notes, imaging, and billing details.
- Secure a HIPAA release: Sign an authorization to allow your attorney to obtain records quickly.
- Keep originals safe: Store digital and paper copies in a secure, accessible place.
- Work with your attorney: Have your lawyer review and authenticate records before filing.
- Track costs: Document any out-of-pocket expenses and related bills to calculate damages.