Detailed Answer
Chiropractic treatment records often contain detailed documentation of your injuries, treatment plans, progress notes, X-ray reports and billing information. In an Oklahoma personal injury claim, these records can serve as critical evidence to establish four key elements:
- Liability: Treatment notes can show when and how your injury was first diagnosed, supporting the timeline of events after an accident.
- Causation: Records linking your injury to the accident can demonstrate that the crash, fall or other incident caused the harm.
- Extent of Injuries: Objective findings such as range-of-motion tests, muscle-strength measurements and imaging reports substantiate the severity of your injury.
- Medical Expenses: Itemized bills and statements prove past treatment costs and help calculate future care expenses.
Under Oklahoma’s Evidence Code, chiropractic records are admissible under the business-records exception to the hearsay rule. 12 O.S. § 2802 allows admission when records are kept in the regular course of business and authenticated by a qualified custodian. You or your attorney will need a declaration or affidavit from the chiropractor or clinic confirming:
- How and when the records were created.
- That the records were made at or near the time of each treatment.
- That creating these records was a routine practice.
It’s also important to ensure the chiropractor is licensed under Oklahoma law. Title 59, § 1910.1 requires all practicing chiropractors to hold a valid Oklahoma license. You can verify licensure and obtain an affidavit from the practitioner’s licensing board record if needed at the Oklahoma Board of Chiropractic Examiners website.
Once authenticated, chiropractic records can be introduced at mediation, settlement negotiations or trial. They help corroborate expert testimony and support damage calculations. If the defense disputes the records, your attorney may depose the chiropractor to confirm their preparation and accuracy.
Always work closely with a qualified personal injury attorney. They will collect, authenticate and present your chiropractic records in compliance with Oklahoma’s rules of civil procedure and evidence.
Helpful Hints
- Request complete records, including progress notes and imaging reports, not just billing statements.
- Obtain a certification or affidavit from the chiropractor to satisfy certification requirements under 12 O.S. § 2802.
- Keep original records safe; request certified copies if the case goes to trial.
- Compare chiropractic records with other medical records to ensure consistency in injury descriptions.
- Discuss record fees and turnaround times with the provider to avoid litigation delays.
Disclaimer: This article provides general information under Oklahoma law. It does not constitute legal advice. Consult a licensed attorney for advice tailored to your facts.