Is a physician or medical doctor required to testify to the medical necessity of a future care item?

It is not always necessary that a physician or medical doctor testify to the medical necessity of a future care item. A care recommendation can be made by health care professionals other than medical doctors, such as occupational therapists, but there must be an evidentiary link between the physician’s assessment of pain, disability, and recommended treatment and the care recommended by the health care professional: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at paras. 38-39.

The extent, if any, to which a future care costs award should be adjusted for contingencies depends on the specific care needs of the plaintiff. In some cases, negative contingencies are offset by positive contingencies and, therefore, a contingency adjustment is not required. In other cases, the award is reduced or increased depending on the prospects for an improvement or deterioration in the plaintiff’s condition leading to a change in future care needs. Each case falls to be determined on its particular facts: Gilbert v. Bottle, 2011 BCSC 1389 at para. 253.