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Medical Records for Disabling Fatigue

Canada Evidence Act: Evidence of Professionals


I, GEORGENA SARAH SIL, of the City of Saskatoon, in the Province of Saskatchewan, Physicist by Profession, MAKE OATH AND SAY:

1. THAT I have personal knowledge of the facts and matters herein deposed to except where stated to be based on information and belief and where so stated I verily believe the same to be true.

2. THAT on June 9 and July 11 of 2008, I visited my family physician Dr. Eric Chao at Idylwyld Medical Centre, Saskatoon to have him assess and elucidate the organic causes of my disabling fatigue. Dr. Chao then prepared a detailed medical report dated July 15, 2008 which he has sworn in Affidavit format for the court. The purpose of the report is to direct the scheduling of my legal case.

3. THAT to prepare his report, Dr. Chao personally assessed me and my medical conditions. In addition, he reviewed and relied upon the following: my current chart at the Idylwyld Medical Clinic; my substantive history chart dating from 1984; plus medical textbooks and research journals which are considered to be authoritative sources regarding my diagnoses.

4. THAT the documentary evidence which Dr. Chao reviewed and relied upon is attached hereto as Exhibits A through V. I attest that each health record and each publication is correct and complete in all respects. Most of my health records were created long before the legal case began. They were not sworn in Affidavit format because the physicians I consulted had no reason to do so at that time. As a legal alternative, I tender my health records to the court now pursuant to the Saskatchewan Evidence Act which states:

Saskatchewan Evidence Act: Evidence of Professionals

22(1)  With leave of the court, a professional report purporting to be signed by a physician… authorized pursuant to a statute to practice in any part of Canada is admissible in evidence in any proceeding without proof of the person's signature, qualifications, or authority to practice.

Summary of Exhibits:  Guillain-Barre Syndrome

Exhibit A My health records from St. Paul's Hospital, Saskatoon, Saskatchewan from neurologist Dr. Peter Siemens which confirm my diagnosis of Guillain-Barre Syndrome in 1989.

Exhibit B Verification from the hospital that Dr. Siemens neglected to give me Plasmapheresis, which is the only treatment known for Guillain-Barre Syndrome.

Exhibit C Research paper Guillain-Barre Syndrome: Clinical and Therapeutic Observations published in the Annals of Neurology, 1990, volume 27.

Exhibit D Excerpt from Guillain-Barre Syndrome: An Overview for the Layperson published by Dr. Joel Steinberg. an internist who made a close study of the residual effects of GBS after he himself contracted this rare disease.

Exhibit E Web page Guillain-Barre Syndrome: The Damage Mechanism which shows in pictorial form how GBS causes permanent physical changes to the structure of peripheral nerves (these nerves control muscle).

Exhibit F Description of the mechanisms of conduction slowing in muscle, from the textbook Guillain-Barre Syndrome by researcher Gareth J. Parry.

Exhibit G Article Residual Effects Following Guillain-Barre by Gareth J. Parry, published in the GBS Foundation Newsletter (spring 2000 edition).

Summary of Exhibits:  Cognitive Exhaustion

Exhibit H My health records from neurologist Dr. C. Voll which confirm the organic cause of my cognitive exhaustion and dizziness. My symptoms onset in 1994. An EEG test, finally performed in 2000, showed the requisite slow theta waves.

Exhibit I Excerpt from A Symposium: Chronic Fatigue Syndrome published in the American Journal of Medicine, 1998, volume 105. This defines the symptoms of Chronic Fatigue Syndrome, which includes severe cognitive exhaustion. The article verifies the interpretation of my EEG test.

Exhibit J Feature Article Chronic Fatigue Syndrome Gets Court's Nod of Approval as Legitimate Disorder published in the Canadian Medical Association Journal, 1998, volume 159.

Exhibit K Baillie v. Crown Life (1998) ABQB: This precedent-setting case is long, and is available on CanLII, thus just the paragraph quoting the medical expert is attached. That testimony was:

Baillie v. Crown Life 1998 ABQB

[35]  The brain mapping done by the expert found an abnormal pattern in the test group of 33 patients who had Chronic Fatigue Syndrome. This abnormality was found in the frontal portion of the left hemisphere of the brain. In the literature this is where neurology has found the likely origins of CFS. The expert noted with these EEG tests that the patient cannot fake the results. The results of those brain tests show a physical problem. It is organic.

The illness has been recognized by the Atlanta Center for Disease Control, by the American Medical Association, is recognized and is being studied in the United Kingdom and there is enormous medical literature related to it.

It is a debilitating and complicated illness which involves pathological dysregulation of at least three fundamental physiological systems: the central nervous system, the hypothalamic-pituitary axis, and the immune system.

Summary of Exhibits:  Comprehensive Medical Reports

(Each MD is from Saskatoon, unless otherwise stated)

Exhibit L Consultation report from hematologist Dr. Padmanabh regarding immunoglobulin treatment for my Systemic Lupus Erythematosus (September 3, 2002).

Exhibit M Consultation report from physical medicine specialist Dr. Rudachyk regarding my Reflex Sympathetic Dystrophy (August 19, 2000).

Exhibit N Consultation report from endocrinologist Dr. David Kendler of Vancouver (July 14, 1998).

Exhibit O Report from Idylwyld Medical Center regarding my Personal Care Home requirements (September 13, 2007).

Exhibit P Report from GP Dr. Lorne Straza of Idylwyld Medical Center regarding the impact of the legal case on my health conditions (September 14, 2005).

Exhibit Q Report from Dr. Straza, sworn in Affidavit format, recommending how my court sessions should be scheduled (November 3, 2004).

Exhibit R Report from GP Dr. A. Mettle of the Minor Emergency Clinic recommending how my court sessions should be scheduled (August 3, 2004).

Exhibit S Report from GP Dr. Gene Jonat of the Minor Emergency Clinic recommending adjournment of the start of the Preliminary Inquiry (October 1, 2003).

Exhibit T Report from Dr. Jonat recommending that I be placed in a Personal Care Home (July 15, 2002).

Exhibit U Letter from GP Dr. Barry Dick instructing the court that there were no unusual doctor or patient problems in our working relationship (June 19, 2002).

Exhibit V Letter from GP Dr. Joel Yelland regarding my fatigue level (February 12, 2001).

THAT I write this Affidavit solemnly believing it to be true and knowing it has the same and full force and effect as given under the Canada Evidence Act and Saskatchewan Evidence Act.

SWORN BEFORE ME at the City ) ____________________
of Saskatoon, in the Province of ) Georgena S. Sil
Saskatchewan, this 4th day of )  
September , 2008. )  
Illa M. Knudsen  
Georgena S. Sil
Saskatoon, Canada
Physicist & Technical Writer
Alumnus: University of British Columbia
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The Canada Evidence Act, and provincial Evidence Acts, permit a judge to accept and to give full weight to written medical records. In court, medical reports should be treated as business records.

Saskatchewan Evidence Act

22(1) – Evidence of Professionals

With leave of the court, a professional report purporting to be signed by a physician, chiropractor, dentist, psychologist, physical therapist or occupational therapist authorized pursuant to a statute to practice in any part of Canada is admissible in evidence in any proceeding without proof of the person's signature, qualifications or authority to practice.

22(2) – Evidence of Professionals

If a member of a profession mentioned above was required to give evidence orally in a proceeding, and the court is of the opinion that the evidence could have been produced as effectively by a professional report in writing, the court may order the party that required the attendance of the professional practitioner to pay costs in any amount that the court considers appropriate.

Canada Evidence Act

30(1) – Business Records to be Admitted in Evidence

Where oral evidence in respect of a matter would be admissible in a legal proceeding, a record made in the usual and ordinary course of business that contains information in respect of that matter is admissible in evidence under this section, in court, upon production of the record.

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