Medical Affidavit Template for Canada

A Medical Affidavit is a formal, sworn statement made by a healthcare professional that documents medical facts, professional opinions, and patient conditions for legal purposes under Canadian jurisdiction. The document combines medical expertise with legal requirements, providing sworn testimony about a patient's health status, treatment, or prognosis. It must comply with both federal and provincial regulations regarding medical documentation and legal affidavits, including specific requirements for commissioning and evidence standards in Canadian courts.

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What is a Medical Affidavit?

The Medical Affidavit serves as a crucial bridge between medical expertise and legal proceedings in Canada. This document is typically required in situations where formal medical testimony is needed, such as personal injury cases, insurance claims, disability applications, or legal proceedings requiring expert medical opinion. The affidavit must conform to Canadian federal and provincial requirements for both medical documentation and legal sworn statements. It contains detailed medical information, professional opinions, and relevant patient history, all presented under oath. Medical Affidavits are particularly important because they allow medical evidence to be submitted to courts without requiring the physical presence of the healthcare professional, streamlining legal proceedings while maintaining the integrity of medical testimony.

What sections should be included in a Medical Affidavit?

1. Deponent Information: Identity, qualifications, and professional credentials of the person making the affidavit

2. Basis of Knowledge: Explanation of how the deponent has direct knowledge of the medical facts being attested to

3. Patient Information: Identification of the patient and their relationship to the legal matter

4. Medical History: Relevant medical history and background information pertinent to the legal matter

5. Current Medical Condition: Detailed description of the current medical condition or diagnosis

6. Professional Opinion: Medical opinions and conclusions based on examination and expertise

7. Declaration of Truth: Formal statement affirming that the contents are true to the best of the deponent's knowledge

8. Commissioning: Space for commissioner of oaths' signature and stamp

What sections are optional to include in a Medical Affidavit?

1. Treatment History: Detailed history of treatments provided, used when past medical interventions are relevant to the legal matter

2. Prognosis: Future medical outlook and expected outcomes, included when future implications are relevant

3. Capacity Assessment: Evaluation of patient's mental capacity, included when cognitive ability or decision-making capacity is at issue

4. Third-Party Medical Reports: References to other medical professionals' reports, included when multiple healthcare providers are involved

5. Photographs or Diagnostic Images: References to medical imaging or visual evidence, included when physical injuries or conditions need to be documented

6. Cost of Care: Details of medical expenses and future care costs, included in cases involving insurance or compensation claims

What schedules should be included in a Medical Affidavit?

1. Medical Records: Copies of relevant medical records, test results, and clinical notes

2. Diagnostic Reports: Laboratory results, imaging reports, and other diagnostic test findings

3. Medication Schedule: List of current and past medications relevant to the condition

4. Treatment Plan: Detailed outline of current or proposed medical treatments

5. Professional Credentials: Copies of medical licenses, certifications, and qualifications of the deponent

6. Referenced Literature: Copies of medical research or literature cited in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use

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