What is the common law position on nurses' notes?
Nova Scotia, Canada
The following excerpt is from Withenshaw v. Withenshaw, 2020 NSSC 208 (CanLII):
The common-law position remains unchanged from its articulation in the well-known case of Ares v. Venner, 1970 CanLII 5 (SCC), [1970] SCR 608, where at p. 626 the court stated: 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. They should, and no way, preclude a party wishing to challenge the accuracy of the records or entries from doing so.
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