Susan McPherson Sept 8, 2015
Question 4. Reasons for the request, including any facts relied on and submissions in support of the request:
Request for an Order for the Production of Documents
Other Request: that the Medical Chart of Ms McPherson not be used in its entirety
In his Response to my Application, in item 15, [the Respondent] specified the ‘Medical Chart of Ms McPherson’ as a Document that supported his Reponse, claiming that it ‘describes the care provided to Ms McPherson.’
I would like to request from the Tribunal that [the Respondent] be ordered to particularize items - or appointment dates - from the Medical Chart of Ms McPherson instead of producing the entire Medical Chart. In this instance, to fulfil the conditions of this Order, it would be necessary that he produce only those items he plans to use at the hearing.
The reasons for selecting only those parts [the Respondent] plans to use are as follows:
1. Producing the entire medical record brings a rather broad scope of irrelevant material mixed in with the relevant parts.
2. Since at least some of the Medical Chart will have been written, presumably, by the person who is the Respondent in this Application – [the Respondent], the authenticity and objectivity of it cannot be assumed. Unless [the Respondent] has been granted greater credibility than me due to his status as Physician, then that part of the Chart written by him may be little more than a record of his interpretations of events that occurred.
3. I do not want to be caught off guard at the hearing by having to listen to invented or distorted reconstructions of events and appointments between myself and [the Respondent], willy nilly. For that reason, I would appreciate having a copy of any medical records from the Chart that are seen as necessary. But I do not give my permission for the entire Chart to be introduced at any time.
4. It would be an unnecessary intrusion into my privacy if his complete medical chart on me were to be introduced (see PHIPA - Personal Health Information Protection Act, 2004).
In support of item #2, above, I am submitting to the HRT a longer transcript and audio recording from the appointment on April 28, 2014, between [the Respondent] and myself (as well as the shorter excerpt, for purposes of comparison). The shorter excerpt that I originally submitted to the Respondent, in the Disclosure of Documents (Aug 26, 2015), was meant to validate what I said in my Application about the way [the Respondent] informed me that I had to provide a urine sample, and his supposed policy at the time. However, in his Response, when [the Respondent] referred to the incident, he added a new twist to it, claiming that I shouted at his staff, as follows:
“The Applicant refused to provide a urine sample, shouted at staff, and left the office” (Response, July 13, 2015).
I did not shout, as the longer excerpt of the audio recording of the incident on April 28, 2014, will verify. The words spoken in the last part of the audio recording, after I left to get a urine sample, declined to, and then tried to get a lab requisition, are not all able to be understood, but there is enough there to make it clear I did not shout at anyone.
I submit this recording, and the shorter version, as a comparison, and the transcripts of both [see transcript of longer recording], in support of my view that it is necessary that I have, in advance of the hearing, the particulars of any information or perceptions that [the Respondent] has included in any selections from the Medical Chart of Ms McPherson that he plans to use at the hearing.
In making this Request, I am requesting the release of only those parts of the Medical Chart [the Respondent] plans to use at the hearing. I decline to grant permission for the Medical Chart that [the Respondent] has about me to be used in its entirety.
Copies of the transcripts and recordings of the 7 minute and the 21 minute audio recordings of the April 28, 2014 have already been sent to the Respondent, as part of the Disclosure.