How have inconsistent statements been put in clinical records?
British Columbia, Canada
The following excerpt is from Bariesheff v. Bennett, 2014 BCSC 1627 (CanLII):
The defence has cross-examined the plaintiff with respect to prior inconsistent statements found in the clinical records. The use to which inconsistent statements found in clinical records may be put, and the important qualifications that apply to them, is set out in the decision of N. Smith J. in Edmonson v. Payer, 2011 BCSC 118 at paras. 29-30, which states:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
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)
What is the evidentiary significance of statements by a party recorded in a clinical record? (British Columbia, Canada)
Is a complete absence of a clinical record relevant to the evidentiary use of the records? (British Columbia, Canada)
How have courts treated statements in clinical records? (British Columbia, Canada)
What is the test for admitting a plaintiff’s statements in a clinical record? (British Columbia, Canada)
What is the utility of statements attributed to a plaintiff in her physician’s clinical records? (British Columbia, Canada)
When considering a long-term mental health case, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
What is the test for a claim for breach of contract arising out of a statement in a property disclosure statement? (British Columbia, Canada)
What is the impact of the evidentiary use of clinical records in medical malpractice cases? (British Columbia, Canada)
