Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Ohio personal injury cases, chiropractic treatment records can play a crucial role in proving your injuries and the treatment you received. These records often document your initial complaints, diagnostic findings, treatment plans, progress notes, and billing information. Courts generally admit medical records under the business records exception to the hearsay rule in Ohio Revised Code § 2317.421. To qualify, the records must be kept in the ordinary course of business, made at or near the time of treatment by someone with knowledge, and maintained as part of a regularly conducted activity. ORC § 2317.421
To introduce chiropractic records as evidence, your attorney will need to authenticate them. This typically involves calling the chiropractor or office manager to testify about how the records are created and maintained. You may also need to obtain a HIPAA-compliant authorization to access these records. Once authenticated, they can support your claim by showing the nature and severity of injuries, treatment frequency, and any ongoing limitations.
Chiropractic notes can also strengthen your case by corroborating other medical evidence, such as emergency room or primary care records. They can demonstrate consistency in reporting symptoms like neck pain, headaches, or back stiffness following a car accident or slip-and-fall incident. Further, detailed progress notes can help quantify damages when calculating past and future medical expenses under Ohio Revised Code § 2315.18. ORC § 2315.18
Remember, the admissibility and weight of chiropractic records depend on their completeness, accuracy, and proper authentication. Any gaps or inconsistencies may reduce their impact. Working with an experienced personal injury attorney can help you gather, review, and present these records effectively to strengthen your claim.
Helpful Hints
- Request your complete chiropractic file early, including treatment notes, imaging, and billing statements.
- Sign a HIPAA release so your attorney can access and share records with opposing parties.
- Review records for errors or missing information; correct inaccuracies with your provider.
- Keep a personal injury diary to supplement medical records with daily pain and activity levels.
- Consult an attorney to ensure proper authentication and admissibility of records in court.