Medical records are the documentary backbone of every medical malpractice case. They establish what was known, done, and communicated, and they are frequently the single most important body of evidence on both standard of care and causation. Patients in Ontario have a right of access to their own records, and the integrity and completeness of those records can be decisive in litigation.
Issues that recur in this area include obtaining complete records from multiple providers and institutions, the interpretation of contemporaneous entries against later recollection, and the consequences of records that are missing, incomplete, or altered. Where records that ought to exist cannot be produced, a court may draw an adverse inference. Access to records is governed by the Personal Health Information Protection Act, 2004, which also sets out the process and limited grounds for refusing access.
Posts tagged Medical Records analyze Ontario decisions and practical issues involving access to, the integrity of, and the use of clinical records in medical malpractice claims.
A cosmetic surgery clinic recorded patients in consultation rooms and the operating room without telling them. In J.C. v Jugenburg, 2026 ONSC 3061, the court awarded $21.5 million in aggregate damages and $1 million in punitive damages, and clarified how intrusion upon seclusion applies inside the doctor-patient relationship.
A family physician was suspended for three months after failing to complete a patient’s insurance forms, release another patient’s records to their lawyer, and cooperate with the College’s investigation. A look at why unreturned records are treated as misconduct, and what discipline does and does not do for an injured patient.
A diagnostic radiologist conducted hundreds of unauthorized searches of patient records over six years. The OPSDT imposed a four-month suspension, reprimand, and costs.
A 27-year-old woman died from a missed cerebellar stroke after an ER discharge. The malpractice claim was dismissed when the plaintiff’s expert evidence unravelled at trial.
A practical guide to obtaining your medical records in Ontario under PHIPA, including what to ask for, how to find every custodian, and what to expect.
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