Are clinical records admissible in a personal injury claim?
British Columbia, Canada
The following excerpt is from Gauthier v Chan, 2019 BCSC 1627 (CanLII):
In Edmondson v. Payer, 2011 BCSC 118, aff’d 2012 BCCA 114, Mr. Justice Smith discussed at length the use of clinical records in a personal injury claim. He determined they were admissible as business records and are capable, subject to the reliability of the record keeper, to prove the recorder’s direct observation of the patient’s condition, the results of tests performed and the advice given. More importantly, in this case, statements recorded from a patient are admissible as proof of prior inconsistencies.
"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
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for admissibility of clinical records as evidence in personal injury cases generally? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
What is the test for establishing a claim for personal injury in a personal injury case? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
Does the Court have jurisdiction to hear personal injury claims in personal injury cases? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
