Disclaimer: This article provides general legal information and does not constitute legal advice.
Detailed Answer
Under South Dakota law, chiropractic treatment records can serve as key evidence to support your personal injury claim. These records can establish the nature and extent of your injuries, document your treatment history, and demonstrate that your injuries resulted from the incident in question.
South Dakota’s hearsay exception for business records allows you to admit chiropractic files showing patient history, diagnoses, and treatments. To qualify under SDCL §19-19-19 (Records of Regularly Conducted Activity), you must show:
- The record was made near the time of the treatment;
- The chiropractor or staff made the record in the regular course of business;
- The record includes a statement from someone with knowledge of the events.
Once properly authenticated, these records can prove:
- Your initial complaints and documented symptoms;
- The frequency and type of treatments you received;
- The chiropractor’s objective findings (such as range of motion or reflex tests);
- The ongoing need for care linked to your accident.
Additionally, your chiropractor can provide testimony—either in person or via affidavit—to explain the entries and confirm that the records accurately reflect your treatment. While chiropractors cannot offer opinions outside their training, they can testify about the facts they observed during your care.
In some cases, you may need a medical doctor’s opinion to fully establish causation or permanent impairment. However, chiropractic records often strengthen your claim by corroborating other medical evidence and showing a consistent treatment timeline.
To admit these records, follow the authentication procedures under SDCL §19-19-19 and prepare a custodian’s affidavit. Producing certified copies and organizing records chronologically also helps streamline evidence presentation.
Helpful Hints
- Request a certified copy of your chiropractic file early in the claims process.
- Ask the chiropractor’s office to prepare a custodian’s affidavit for SDCL §19-19-19 compliance.
- Highlight entries that directly tie your symptoms and treatment to the incident date.
- Coordinate with your attorney to combine chiropractic records with other medical evidence.
- Clarify in writing any terms or abbreviations used in the records.