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United Kingdom witness evidenceclinical negligence

CXB v North West Anglia NHS Foundation Trust

[2019] EWHC 2053 (QB)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division
Year2019
StatusPersuasive authority

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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