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witness evidenceclinical negligence
CXB v North West Anglia NHS Foundation Trust
[2019] EWHC 2053 (QB)
Key Principle
There is no fixed rule that contemporaneous clinical (or documentary) records must be preferred over the oral evidence of lay witnesses; the reliability of memory and of the documentary record must each be assessed on the facts, and a clinical note made by a third party (here a registrar, not the patient) is hearsay whose weight must be evaluated against the consistency and inherent probability of the witness evidence.
Area of Law
General
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