A trial judge determining a serious injury application is entitled to use a treating doctor's clinical notes as evidence from which to draw inferences about the reliability of a patient's oral testimony regarding the frequency and specificity of complaints, even without calling the doctor as a witness. The history of treatment (or lack thereof) for psychological or psychiatric conditions is a material consideration in assessing the severity of a mental disorder under paragraph (c) of the serious injury definition.
The full text is available to signed-in members.