What is the basis for reducing an award for medical malpractice awards?
British Columbia, Canada
The following excerpt is from Brooks v Habib, 2019 BCSC 1398 (CanLII):
I also observe that if health care costs may be paid by a third party in the future and that party has a right of subrogation or could require repayment, no issue of double recovery arises and therefore there is no sound basis for reducing an award: Kanters v. Galasinao, 2015 BCSC 1532 [Kanters].
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