Can a plaintiff challenge the accuracy of nurses’ notes?

Manitoba, Canada


The following excerpt is from R. v. Gross, 1999 CanLII 14509 (MB QB):

In Ares v. Venner, Hall J. adopted the minority view set forth in Myers v. Director of Prosecutions, [1965] A.C. 1001 Hall J. stated as follows at p. 626: Hospital records, including nurses’ notes, made contemporaneously by someone having a personal knowledge of the matters then being recorded and under a duty to make the entry or record should be received in evidence as prima facie proof of the facts stated therein. This should, in no way, preclude a party wishing to challenge the accuracy of the records or entries from doing so. Had the respondent here wanted to challenge the accuracy of the nurses’ notes, the nurses were present in court and available to be called as witnesses if the respondent had so wished.

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