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Medical Records Affidavit for Canada

Medical Records Affidavit Template for Canada

A Medical Records Affidavit is a formal sworn statement used in Canadian jurisdictions to authenticate and verify the accuracy and completeness of medical records. This document serves as a legal certification that the medical records in question are genuine, were created and maintained in the regular course of business, and are under proper custody and control. The affidavit must comply with both federal Canadian laws and provincial regulations regarding healthcare information, privacy requirements, and legal standards for sworn statements.

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Medical Records Affidavit

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What is a Medical Records Affidavit?

The Medical Records Affidavit is a crucial document used in Canadian healthcare and legal contexts when formal authentication of medical records is required. This document is commonly needed for legal proceedings, insurance claims, workers' compensation cases, or when transferring medical records between facilities. The affidavit must conform to Canadian federal privacy laws such as PIPEDA, provincial health information acts, and legal requirements for sworn statements. It contains detailed information about the records' creation, maintenance, and custody, along with the affiant's professional credentials and authority to verify the records. The document is particularly important when medical records may be used as evidence in court proceedings or when formal verification of medical documentation is required by regulatory bodies or legal authorities.

What sections should be included in a Medical Records Affidavit?

1. Title and Jurisdiction: Identifies the document as an affidavit and specifies the legal jurisdiction

2. Affiant Identification: Full legal name, professional title, and business address of the person making the affidavit

3. Professional Capacity: Statement of the affiant's role, authority, and relationship to the medical records

4. Records Identification: Detailed description of the medical records being authenticated, including dates, types, and patient identification

5. Custody and Control: Statement regarding the maintenance, custody, and control of the records

6. Creation and Maintenance: Description of how and when the records were created and maintained in the regular course of business

7. Accuracy Declaration: Statement attesting to the accuracy and completeness of the records

8. Attestation Clause: Formal declaration of truth and signature block with commissioner of oaths information

What sections are optional to include in a Medical Records Affidavit?

1. Electronic Records Statement: Additional statements required when dealing with electronic medical records, including authentication methods and security measures

2. Chain of Custody: Detailed tracking of record possession when records have been transferred between multiple custodians

3. Translation Declaration: Statement regarding translation if any records are not in English or French

4. Privacy Compliance: Specific statements regarding compliance with privacy laws and regulations

5. Record Amendments: Description of any alterations or additions to the original records, if applicable

6. Access History: Documentation of who has accessed the records and when, if relevant to the case

What schedules should be included in a Medical Records Affidavit?

1. Schedule A - Medical Records Index: Detailed inventory of all medical records included, with dates and document types

2. Schedule B - Record Copies: Actual copies of the medical records being authenticated

3. Schedule C - Certification Documents: Copies of relevant professional licenses or certifications of the affiant

4. Appendix 1 - Chain of Custody Documentation: Forms and logs documenting the transfer and handling of records

5. Appendix 2 - Electronic Records Documentation: Technical documentation regarding electronic storage and security measures, if applicable

6. Appendix 3 - Privacy Compliance Documentation: Documentation showing compliance with relevant privacy laws and regulations

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 | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Healthcare

Legal Services

Insurance

Government and Public Sector

Healthcare Technology

Medical Research

Pharmaceutical

Clinical Trials

Long-term Care

Workers Compensation

Relevant Teams

Legal Affairs

Medical Records

Compliance

Risk Management

Health Information Management

Privacy and Security

Clinical Documentation

Quality Assurance

Administrative Services

Information Governance

Relevant Roles

Medical Records Administrator

Health Information Manager

Compliance Officer

Legal Affairs Director

Healthcare Administrator

Medical Office Manager

Privacy Officer

Records Custodian

Healthcare Facility Director

Clinical Documentation Specialist

Legal Services Coordinator

Risk Management Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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