Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Chiropractic treatment records can play a pivotal role in strengthening a personal injury claim under North Dakota law. They document your injuries, treatment plan, and progress over time. To maximize their impact, you must ensure these records meet North Dakota’s admissibility, authentication, and discovery requirements.
1. Admissibility and Authentication
Under North Dakota Rule of Evidence 901, you must authenticate chiropractic records by showing they are what you claim them to be. A qualified witness—typically the chiropractor or a records custodian—must testify to their origin. Once authenticated, the records fall under the business records exception to hearsay:
- North Dakota Rule of Evidence 803(6) (Business Records Exception) allows treatment notes if they were created in the regular course of business, at or near the time of treatment, by someone with knowledge of your condition.
Reference: ND R Evid 803(6)
2. Discovery Process
During litigation, you can request chiropractic records under North Dakota Rule of Civil Procedure 34 (Production of Documents). The records must be relevant and non-privileged per ND R Civ P 26(b)(1). If the provider invokes privacy protections, you can overcome this by obtaining a signed Authorization for Release of Protected Health Information.
Reference: ND R Civ P 34
3. Privacy and Confidentiality
Chiropractors must comply with North Dakota’s confidentiality laws and federal HIPAA requirements. To access your records, present a HIPAA-compliant release. North Dakota Century Code § 23-01-38 governs confidentiality of medical records.
Reference: NDCC § 23-01-38
4. Strengthening Your Claim with Chiropractic Records
- Timeline of Care: Show continuous treatment following the accident to link your injuries to the incident.
- Objective Findings: Highlight charts, range-of-motion tests, and imaging results.
- Expert Testimony: Use the chiropractor to explain the records and establish causation.
- Corroboration: Combine chiropractic notes with emergency room reports or other medical records.
- Cost Evidence: Attach billing records and receipts to substantiate economic damages.
Well-documented chiropractic records enhance credibility, establish timelines, and support your damages claim by providing objective evidence of injury and treatment.
Helpful Hints
- Request complete records directly from the clinic, including notes, charts, and imaging files.
- Obtain a signed HIPAA authorization to prevent delays or objections.
- Arrange for the records custodian or chiropractor to provide a certification or affidavit.
- Organize all documents chronologically before submitting them to the court.
- Retain original invoices and receipts to prove financial losses.
- Consider hiring a medical expert to interpret technical terms for the judge or jury.