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
The following excerpt is from Samuel v. Chrysler Credit Canada Ltd., 2007 BCCA 431 (CanLII):
Additionally, since the trial judge's ruling in the case at bar, the exception has been considered in White v. Stonestreet, 2005 BCSC 1751, 51 B.C.L.R. (4th) 386. In that action for damages arising from a motor vehicle accident, the plaintiff applied to have statements recorded in clinical records admitted for the truth of what the plaintiff said to a treating physician and a physiotherapist. In White, the trial judge applied the Mapara analysis and distinguished the trial judge's ruling in the case at bar at paras. 26-27:
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