This is the first article of our series discussing practical and evidentiary issues in medical malpractice. Each article will examine recent medical malpractice cases and focus on the practical and evidentiary issues within them, with the goal of providing useful insight into the obstacles that occurred in hopes that future cases can adapt and develop new ways to overcome these challenges. In this article, Lindsay McGivern analyzes the recent case of A.G. (litigation guardian of) v. Rivera, 2024 BCSC 242 and the difficulty the plaintiff faced in proving her claim in the face of contemporaneous medical records that were in conflict with her version of events.
The Impact of Contemporaneous Medical Records on Credibility Disputes