Representing Victims of Medical Malpractice Across Ontario

Articles Tagged

Documentation

Documentation, the contemporaneous recording of a patient’s history, examination, decisions, and care, is both a clinical obligation and, in litigation, a central source of proof. The medical record is frequently the most important evidence of what happened, and the quality of documentation can determine whether a plaintiff or a defendant is able to establish their version of events.

Allegations involving documentation arise in two ways. Inadequate documentation may itself be characterized as a departure from the standard of care, where the absence of a record undermined the continuity or safety of care. Separately, missing, incomplete, late, or altered records can attract an adverse inference, under which a court may infer that the absent material would not have assisted the party that failed to keep or produce it. The standard for adequate documentation is a matter of expert evidence and reflects accepted professional practice.

Posts tagged Documentation analyze Ontario decisions in which the adequacy or integrity of the clinical record was in issue.

11 articles View all topics →
Have a Case Like This?

Concerned about medical negligence?
Talk to Paul directly.

Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.