Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
Why Chiropractic Records Matter
In a Texas personal injury claim, you must prove that you suffered injuries and related medical expenses. Chiropractic treatment records document your condition, the treatments administered and your progress. These records can strengthen your claim by providing objective evidence of diagnosis, treatment plans, treatment dates and costs.
Admissibility Under Texas Law
Texas courts generally admit medical records under the business records exception to the hearsay rule. See Tex. R. Evid. 803(6). To qualify, the records must be:
- Prepared in the regular course of business.
- Created at or near the time of treatment.
- Made by a person with knowledge of the events.
- Kept as part of a regularly conducted activity.
Discovery of Chiropractic Records
During discovery, you may request your treatment records from the chiropractor or from the defendant’s file if they obtained records through an authorized subrogation or lien. Texas Rules of Civil Procedure allow broad discovery of relevant documents. See Tex. R. Civ. P. 192.3 (General scope of discovery).
Using Records to Establish Damages
Chiropractic records help quantify your economic damages. They show treatment dates, types of services and billed amounts. You can submit them with expert testimony—such as from a vocational rehabilitation specialist—to demonstrate the necessity and reasonableness of your medical expenses.
Best Practices for Admission
- Obtain certified copies directly from the chiropractor’s office.
- Include an affidavit from the records custodian confirming compliance with business-records requirements.
- Provide all relevant pages, including intake forms, progress notes and billing statements.
- Highlight entries that document your chief complaints, treatment methods and medical necessity.
Helpful Hints
- Gather Early: Request chiropractic records soon after your injury to avoid delays in your claim.
- Review for Errors: Check for typos, missing dates or billing discrepancies and ask for corrections before submission.
- Coordinate Medical Providers: Ensure your chiropractor communicates with other treating providers—such as your primary care physician or physical therapist—for a unified treatment history.
- Retain Originals: Keep original records and maintain copies organized by date.
- Consult Your Attorney: A lawyer can use these records to build a stronger narrative and present compelling evidence during settlement negotiations or at trial.