In a medical malpractice case, is a plaintiff entitled to access his medical records and charts?
Ontario, Canada
The following excerpt is from Barberio Estate (Re) v. Da Costa, 2018 ONSC 6144 (CanLII):
As noted in Lawless v. Anderson, in some medical malpractice cases it has been recognized that in order to discover that they have a claim, plaintiffs may require advice from a person who is medically trained. Similarly, in some cases, plaintiffs will require access to their medical records and charts in order to become apprised of the facts necessary to discover their claim.
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