What is the test for recoverable damages in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Huang v Canadian National Railway Company, 2018 BCSC 1235 (CanLII):
The test is an objective one based on medical evidence. To be recoverable, an item of future care must be medically justified and reasonable, not medically necessary. There must be an evidentiary link between a physician’s assessment of pain, disability and recommended treatment and the care recommended by a qualified healthcare professional: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 39.
Regarding the standard of care, the question is whether a reasonably minded person of ample means would be ready to incur the expense for which an award is sought: Andrews at 245; Harrington v. Sangha, 2011 BCSC 1035 at para. 150.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law on non-pecuniary damages in medical malpractice cases? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
What is the standard of damages for long-term disability in medical malpractice cases? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
What is the standard of damages for pain and suffering suffered by a plaintiff in a medical malpractice case? (British Columbia, Canada)
What is the quantum of damages awarded in a medical malpractice case where a plaintiff was unable to work at gainful employment for the rest of his working life because of the interference with his enjoyment of life? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
What is the case law on the validity of evidence in a medical malpractice case? (British Columbia, Canada)
