When considering a long-term mental health case, is it possible for the court to consider a single clinical record?
British Columbia, Canada
The following excerpt is from Bergen v. Gaetz, 2015 BCSC 2303 (CanLII):
Further difficulties arise when a number of clinical records made over a lengthy period are being considered. Inconsistencies are almost inevitable because few people, when asked to describe their condition on numerous occasions, will use exactly the same words or emphasis each time. As Parrett J. said in Burke-Pietramala v. Samad, 2004 BCSC 470, at paragraph 104: ...the reports are those of a layperson going through a traumatic and difficult time and one for which she is seeing little, if any, hope for improvement. Secondly, the histories are those recorded by different doctors who may well have had different perspectives and different perceptions of what is important. … I find little surprising in the variations of the plaintiff’s history in this case, particularly given the human tendency to reconsider, review and summarize history in light of new information.
"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
When considering a patient's medical history, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
In an aboriginal rights and title case, how have the courts considered expert evidence in aboriginal cases? (British Columbia, Canada)
How is the court apportioning damages between defendants and other tortfeasers in a mental health case? (British Columbia, Canada)
In a BC Supreme Court case, in what circumstances will the court consider success versus loss of custody? (British Columbia, Canada)
Is there an exception to a trial judge's ruling in a medical malpractice case where a physiotherapist and a treating physician recorded statements in a clinical record? (British Columbia, Canada)
When considering a patient's medical history, is it possible for the medical malpractice review to consider a single file? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
Is there any case law where a party who has not made full disclosure to a court has to prove to the court that there has been full disclosure? (British Columbia, Canada)
What is the test for admissibility of new evidence in a mental health case? (British Columbia, Canada)
