What is the test for damages in a medical malpractice action?
British Columbia, Canada
The following excerpt is from Ahmadi v. West, 2014 BCSC 2050 (CanLII):
Such an award of damages is thus a matter of prediction as to what will happen in future. Future care costs must be not only medically justified, but also likely to be incurred by the plaintiff. If a plaintiff has not used a particular item or service in the past it may be inappropriate to include its cost in a future care award: Izony v. Weidlich, 2006 BCSC 1315 at para. 74.
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