Disclaimer: This article provides general information under South Carolina law. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.
Detailed Answer
Yes. In South Carolina, chiropractic treatment records can strengthen your personal injury claim by providing objective documentation of your injuries, treatment plan, and recovery progress. Courts admit these records under the business‐records hearsay exception and use them to establish causation and damages.
1. Admissibility under the Hearsay Exception
South Carolina Rule of Evidence 803(6) allows admission of business records as an exception to the hearsay rule. Chiropractic records—created regularly in the ordinary course of business—qualify if you authenticate them through a custodian or qualified witness.
See South Carolina Rule of Evidence 803(6): https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=803.
2. Patient Authorization and Privacy
Before obtaining or sharing records, you must secure written patient authorization. Federal HIPAA regulations (45 C.F.R. §164.524) require covered entities to release records only upon proper request. South Carolina law also protects chiropractic records under S.C. Code Ann. §40-47-250 (Chiropractic confidentiality).
3. Proving Causation and Damages
Chiropractic notes often include:
- Onset of symptoms and objective findings (e.g., range of motion, palpation)
- Treatment dates, modalities used (e.g., adjustments, therapy), and patient response
- Prognosis and any referrals for imaging or specialist care
This detailed record trail helps link your accident to specific injuries and quantify your treatment costs, pain, and suffering.
4. Authentication and Foundation
To admit records, your attorney will:
- Obtain a certification or testimony from the record keeper (e.g., clinic manager, chiropractor)
- Confirm the records were made contemporaneously and maintained in the normal course of business
Helpful Hints
- Request complete treatment records early to avoid delays in your claim.
- Secure a signed HIPAA release form from your chiropractor.
- Keep copies of all imaging reports (X-rays, MRIs) referenced in chiropractic notes.
- Organize records chronologically to show the progression of care.
- Work with your attorney to conduct a records review and identify any gaps or inconsistencies.