Representing victims of medical malpractice across Ontario
Medical malpractice cases are built on evidence. In Ontario, medical records are the foundation of every malpractice claim. No matter how concerning an outcome may be, a case cannot be properly evaluated—or proven—without a careful review of the relevant records.
This page explains why medical records are so important, what types of records matter most, and how they are used in evaluating medical malpractice claims.
Medical records provide the most reliable account of a patient’s care. They document:
symptoms reported by the patient,
decisions made by healthcare providers,
tests ordered and results received,
treatments provided or withheld,
changes in a patient’s condition over time.
In malpractice litigation, courts rely far more on what the records show than on memories or recollections years later.
Patients and families are often given explanations after something goes wrong. While these explanations may be sincere, they are not evidence.
Medical records matter because:
they are created at the time of care,
they reflect contemporaneous decision-making,
they are less affected by hindsight,
they are relied upon by independent experts and courts.
A malpractice case is evaluated based on what was documented, not what was later said.
In Ontario, medical records are essential to proving each element of a malpractice claim.
Records show what information was available to the provider and what decisions were made. Experts rely on this to assess what a reasonable provider should have done.
Records may reveal:
missed symptoms,
abnormal test results not followed up,
delays in investigation or treatment,
failures to escalate care.
Timelines built from records are critical to assessing whether earlier or different care would likely have changed the outcome.
Records document the extent of injury, complications, disability, and long-term impact.
Without records, these elements cannot be reliably assessed.
Medical malpractice cases often involve records from multiple sources. Important records may include:
Family doctor and walk-in clinic charts
Emergency department records
Hospital admission and discharge summaries
Nursing notes and flow sheets
Vital signs and monitoring records
Diagnostic imaging reports and requisitions
Laboratory results
Pathology and biopsy reports
Consultation and referral letters
Medication administration records
In many cases, what is missing from the records can be as important as what is documented.
Careful review of records may identify:
abnormal results that were not acted upon,
repeated complaints without reassessment,
delays between recognition and treatment,
breakdowns in communication between providers,
premature discharge or inadequate follow-up.
These issues are often not apparent without a detailed, chronological review of the records.
In delayed diagnosis cases, records are particularly important. They help establish:
when symptoms first appeared,
when investigations were ordered (or not ordered),
when abnormal results became available,
how long it took for diagnosis to be made,
whether earlier diagnosis was reasonably possible.
This timeline is central to assessing causation and liability.
Partial records can be misleading. A proper evaluation usually requires complete records from all providers involved, including care before and after the event in question.
Incomplete records can:
obscure critical decision points,
make expert review unreliable,
weaken or undermine an otherwise valid claim.
Obtaining complete records is often one of the first and most important steps in a malpractice investigation.
Ontario malpractice cases almost always require opinions from independent medical experts.
Experts rely on records to:
understand the clinical context,
assess reasonableness of care,
evaluate causation,
form opinions that meet court standards.
Without clear, complete records, expert support may not be possible.
If you are concerned about negligent medical care, it may help to:
request copies of relevant medical records early,
keep a personal timeline of events and symptoms,
preserve test results, reports, and correspondence,
identify all healthcare providers involved in care.
These steps can significantly assist legal evaluation.
Medical malpractice cases often involve hundreds or thousands of pages of records. Proper review requires:
careful chronology,
cross-referencing between providers,
identifying gaps or inconsistencies,
assessing decisions in context.
This process takes time, but it is essential to providing an honest and reliable opinion.
Medical records often play a key role in determining when a claim was discovered or ought to have been discovered for limitation period purposes.
Delays in obtaining or reviewing records can affect:
whether a claim is still legally viable,
when limitation periods begin to run.
Early legal advice can help ensure that record review and limitation issues are addressed properly.
Medical records are the backbone of medical malpractice litigation in Ontario. They provide the evidence needed to assess whether care was negligent and whether that negligence caused harm.
While reviewing records can be emotionally difficult, it is often the only way to determine whether a legal claim is possible.
If you have concerns about medical care, a medical malpractice lawyer can help assess which records are needed and whether the evidence supports a claim.