How have courts treated statements in clinical records?
British Columbia, Canada
The following excerpt is from L.A.F. v G.M.F.C. Ltd., 2019 BCSC 2252 (CanLII):
The difficulty with statements in clinical records is that, because they are only a brief summary or paraphrase, there is no record of anything else that may have been said and which might in some way explain, expand upon or qualify a particular doctor’s note. The plaintiff will usually have no specific recollection of what was said and, when shown the record on cross- examination, can rarely do more than agree that he or she must have said what the doctor wrote. (See also: Cunningham v. Greer, 2019 BCSC 1208 at paras. 9-12.)
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