A Plaintiff who brings a claim for damages based on injuries sustain must provide the relevant evidence to prove his case. As for injuries sustained, the Plaintiff has the onus to satisfy to the Court that he, indeed, sustained those injuries. In order to prove this allegation, the Plaintiff must provide medical records showing injuries sustained and treatment received. A medical report only is not sufficient. The Plaintiff must provide the initial admission and treatment notes, subsequent treatment notes and the medical report to dispense with the burden of proving his case. This position is taken by the cases as set out below.
The Court (Justice Woods) in the Moip v Motor Vehicles Insurance (PNG) Trust [1993] PGNC 51; N1185 dismissed the procceedings on the basis there was insufficient evidence produced by the Plaintiff to prove the allegations by the Plaintiff. The Plaintiff claimed that he sustained serious injuries and was treat at the Mt Hagen General Hospital for some months. However, the Plaintiff did not produce as evidence of hospital records to support this allegation. His Honour stated that such medical records are elementary in such as situation and must be produced as evidence.
The same position was taken by Justice Kandakasi (as he then was) in Kagl v Baki, Secretary Department of Education [2008] PGNC 40; N3318 where the Plaintiff claimed that he sustained injuries that eventually led to him being mentally disordered. However, during trial, the Plaintiff did not adduce into evidence any medical report. Hence, there was no medical evidence of the Plaintiff’s initial illness, initial and any subsequent hospital admission and treatment and the development of complications leading to the alleged mental disorder. His Honour affirmed the position taken by Justice Wood in Moip v Motor Vehicles Insurance (PNG) Trust [supra] wherein the Court emphasized the need for the production of medical evidence, which is contemporaneous to the date of an accident to give credence to a claim against the Defendant. His Honour stated that medical reports would be the only credible way of confirming or otherwise rebutting a person’s claim of sustaining personal injuries or loss. Without such evidence, no credibility could be attached to a claim of personal injuries.
This same position is taken by Justice David in Ziporo v Motor Vehicles Insurance Ltd [2008] PGNC 234; N3701, by Justice Sawong in Nikints v Independent State of Papua New Guinea [1998] PGNC 7; N1683 and by Justice Kandakasi (as he then was) in Wapi v Ialy [2013] PGNC 89; N5108.
This approach taken by the Court in relation to medical evidence is applicable in personal injuries cases arising from motor vehicle accidents, human rights case and employment related injuries. It applies to all claims where a person is seeking reliefs from a claim based on injuries sustained.
In conclusion, a Plaintiff must keep those records properly so that he can prove his allegation of injuries sustained. This aspect of the evidence is crucial to his case.
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