What is the test for approval of medical opinions by medical experts to determine future care costs?
British Columbia, Canada
The following excerpt is from Curpen v Burns, 2021 BCSC 685 (CanLII):
In addition, I would add the following principles, helpfully summarized by Justice Kent in Dzumhur v. Davoody, 2015 BCSC 2316 at para. 244: • the purpose of any award is to provide physical arrangement for assistance, equipment and facilities directly related to the injuries; • the focus is on the injuries of the innocent party... Fairness to the other party is achieved by ensuring that the items claimed are legitimate and justifiable; … • admissible evidence from medical professionals (doctors, nurses, occupational therapists, et cetera) can be taken into account to determine future care needs; • however, specific items of future care need not be expressly approved by medical experts...... It is sufficient that the whole of the evidence supports the award for specific items; … • no award is appropriate for expenses that the plaintiff would have incurred in any event.
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