What is the effect of a doctor’s notes in a medical malpractice case?
British Columbia, Canada
The following excerpt is from R. v Berry, 2019 BCSC 2425 (CanLII):
Monkhouse goes on to refer to Ares v. Venner, 1970 CanLII 5 (SCC), [1970] S.C.R. 608, where Mr. Justice Hall for the majority referred to hospital records and modified the rules for their admissibility at p.16: Hospital records, including nurses’ notes, made contemporaneously by someone having a personal knowledge of the matters then being recorded and under a duty to make the entry or record should be received in evidence as prima facie proof of the facts stated therein.
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