Disclaimer: This article provides general information under Oregon law. It does not constitute legal advice. Consult an attorney to discuss your specific situation.
Detailed Answer
Chiropractic treatment records often serve as key evidence in personal injury claims. They document your injuries, the treatment you received, and the costs incurred. Under Oregon law, you can use these records to:
- Establish causation between the accident and your injuries
- Demonstrate the severity and duration of your treatment
- Show the necessity of future care
- Prove economic damages, such as medical expenses
To admit these records in court or share them with an insurer, you must address hearsay and authentication rules. Oregon Evidence Code recognizes a business records exception to hearsay. If the records meet the exception’s requirements, you may use them even if the chiropractor does not testify.
Key statutes include:
- ORS 40.445 (Business Records Exception): https://www.oregonlegislature.gov/bills_laws/ors/ors040.html#ORS_040_445
- ORS 684.070 (Chiropractic Record Retention): https://www.oregonlegislature.gov/bills_laws/ors/ors684.html#ORS_684_070
Under ORS 40.445, the proponent of the records must show:
- The records were made at or near the time of treatment
- They were kept in the regular course of business
- The person making the record had a duty to record accurate information
- The records are trustworthy
In practice, you will obtain a signed medical records release from the chiropractor or your attorney will request the records through discovery. Once authenticated, the court or insurer considers the records reliable evidence of your injuries and treatment costs.
Helpful Hints
- Obtain a HIPAA-compliant release form to secure your records promptly.
- Keep all chiropractic bills and invoices organized by date.
- Request a treatment summary from the chiropractor to clarify technical terms.
- Save notes on how each treatment affected your symptoms.
- Consult a personal injury attorney before filing suit to ensure proper evidence handling.