No special costs against physician for inaccurate clinical records

In Steinebach (Litigation guardian of) v. Fraser Health Authority2011 BCSC 1369, the Court dismissed an application for special costs, where a physician in a medical malpractice case was found to have created a record that did not accurately record events which were occurring at the time the record was made, and that some portions of her notes were simply the result of a mistake.  The Court confirmed that there is a significant difference between a trial judge not accepting a witness’s evidence and a finding that a witness has deliberately fabricated evidence.  The disbelieving of a witness as a result of a finding that witness has given dishonest testimony does not without other misconduct attract an award of special costs.

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