What is the difference between records of a plaintiff's accident and those of a physician's response to litigation?

Additionally, the cases noted above have not commented on the difference between records made prior to litigation and records made in response to litigation. The Ares v. Venner decision dealt with records maintained at the hospital where the plaintiff was admitted immediately after a skiing accident. When dealing with the question of reliability, it is obvious that what is said to attending emergency staff is likely to be more accurate than that which is said later by a litigant mindful of the results of an action already commenced. The concept that the "declarant must be disinterested" and that the declaration "must be made before dispute or litigation" appears to have been ignored in the decisions which follow the Ares v. Venner decision.