What is the effect of viva voce evidence in medical malpractice cases?

Alberta, Canada


The following excerpt is from R. v. A.D.G., 2001 ABPC 78 (CanLII):

It has been observed that out of court statements, made by independent persons in the course of their duties, and at or near the time of the events is generally reliable. It was observed in Ares v. Venner that nurses’ notes of distant and often routine events would be more accurate and complete than viva voce evidence.

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