Can statements made to doctors as recorded in clinical records qualify as business records?
British Columbia, Canada
The following excerpt is from Smith v. Wirachowsky, 2009 BCSC 1434 (CanLII):
In Seaman v. Crook, Mr. Justice Metzger held (among other things) that statements made to doctors as recorded in clinical records which qualified as business records under s. 42 of the Evidence Act, are admissible to prove that the plaintiff did make those statements, but not to prove that the statements were true (see paragraph 14 – 3).
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