[Speaker 1] Can unavailability of operation records due to the EMR failure be defensible in court?

[Speaker 2] Poor record is poor defense. No record is no defense. This is a very settled law. Because only medical record is the evidence to safeguard my doctor and it prevails over oral. Orally patient can do and say anything. But if it is written, then there's no question. I still remember a case where neurosurgeon has posted a patient for lumbar puncture and post death because of brain hernia or whatever the reason. Patient has filed a complaint, the relative, not for medical negligence but for causing inhuman treatment. His word was that inhuman treatment given. And story was there that when this procedure was done, he said I heard my sister's painful voice, crying voice, shouting voice. I ran to the procedure room I found the doctor was injecting something and two people were holding. Doctor has defended himself saying that no I have given a local anaesthesia, there's no question that pain can occur. But on medical record nowhere LA word was found or local anaesthesia word was found, probably missed by the doctor, was gone against the doctor. So having a medical record is going to be a great defense. So losing by any reason is as no defense to my doctor.