What is the test for a plaintiff to prove that a future care cost is medically necessary?

British Columbia, Canada


The following excerpt is from Tourand v. Charette, 2015 BCSC 2165 (CanLII):

Based on my review of the authorities put forward by the parties, I agree with the plaintiff that she need not go so far as to prove that a future care cost is medically necessary, but there must be an evidentiary link between the evidence regarding the plaintiff’s pain and disability and recommended treatment and the care recommended by a qualified health care professional (see Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144, at para. 39).

Other Questions


Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
Does a plaintiff have to prove that there is a real and substantial possibility of a future event attributable to negligence leading to a future loss of income? (British Columbia, Canada)
What must a plaintiff have to prove that there is a real and substantial possibility of a future event leading to a future loss of income? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim in the context of medical necessity claims? (British Columbia, Canada)
Is it necessary for a plaintiff to prove that loss of future income is probable? (British Columbia, Canada)
What is the test for a plaintiff to prove that there is a real and substantial possibility of a future event leading to a future loss of income? (British Columbia, Canada)
What is the test under which a plaintiff must prove that a further independent medical examination is necessary? (British Columbia, Canada)
Does a plaintiff have to prove that there is a real and substantial possibility of a future event leading to an income loss? (British Columbia, Canada)
What is the test for determining whether a plaintiff must prove a substantial probability of a future that will result in loss of income? (British Columbia, Canada)
Is a physician or medical doctor required to testify to the medical necessity of a future care item? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.