What is the test for obtaining a copy of a physician’s records?

British Columbia, Canada

The following excerpt is from Sutherland v. Boughara and Fortuna Enterprises Ltd., 2002 BCSC 1829 (CanLII):

It was the applicant’s submission that the authorities cited in his outline govern this question, in particular, Hoestiwan v. Tai, supra. In that case, the defendant sought “… certain information said to be the factual basis and underpinning for the report of a physician,” more specifically, a copy of “… all clinical records relating to the examination, treatment, and assessment of the plaintiff” so that the defendant’s expert, who was to perform an independent medical examination, could use it in his assessment of the plaintiff and, if appropriate, rebut it."

Other Questions

Is there an exception to a trial judge's ruling in a medical malpractice case where a physiotherapist and a treating physician recorded statements in a clinical record? (British Columbia, Canada)
Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
Is a complete absence of a clinical record relevant to the evidentiary use of the records? (British Columbia, Canada)
Does a party have to obtain a report from a doctor before obtaining the report from that doctor? (British Columbia, Canada)
Is a search warrant obtained by the Justice in the Information to Obtain pursuant to Section 8 of the Charter valid? (British Columbia, Canada)
What is the test for a numbered company to obtain an interim order to obtain a winding-up order? (British Columbia, Canada)
What is the legal test for obtaining a search warrant from a court in Canada for the purpose of obtaining assistance from a foreign state? (British Columbia, Canada)
Can a husband obtain an injunction preventing his ex-wife from disclosing confidential information obtained during their marriage? (British Columbia, Canada)
Can a counsel of record be removed from the record because of a conflict of interest? (British Columbia, Canada)
Can a party obtain access to a searchable searchable document without obtaining permission from the owner? (British Columbia, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.