What is the test for medical expenses in a personal injury action?
British Columbia, Canada
The following excerpt is from Tathgur v Dobson, 2018 BCSC 1384 (CanLII):
A plaintiff is entitled to be compensated for expenses reasonably necessary for the future medical treatment of injuries for which the defendant is liable. The test for assessing an appropriate award for the cost of future care is an objective one based on the medical evidence. It is twofold: first, there must be a medical justification for the cost; and second, the claim must be reasonable: Tsalamandris v. McLeod, 2012 BCCA 239 at paras. 62–63.
In assessing the reasonableness of a claim, it is appropriate to consider the extent to which the plaintiff has used the services in the past and whether the plaintiff is likely to use the services in the future: Gignac v. Insurance Corporation of British Columbia, 2012 BCCA 351 at paras. 40, 52–54.
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