No special costs against physician for inaccurate clinical records
Tuesday, November 8, 2011
Susan Precious

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.

Article originally appeared on Branch MacMaster LLP: Barristers & Solicitors (http://www.branchmacmaster.com/).
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