What is the evidentiary significance of statements by a party recorded in a clinical record?
British Columbia, Canada
The following excerpt is from Tran v. Kim Le Holdings Ltd., 2011 BCSC 1690 (CanLII):
Care needs to be taken in assessing the evidentiary significance of statements by a party recorded in clinical records. The reasons for being cautious in attaching too much weight to these statements are canvassed thoroughly by Mr. Justice N. Smith in Edmondson v. Payer, 2011 BCSC 118. Such statements may be treated as admissions against a party. But often what is recorded is synoptic, a paraphrase, incomplete and unqualified.
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