What is the test for assessing an appropriate award for future care in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Matei v Wu, 2022 BCSC 107 (CanLII):
The test for assessing an appropriate award is an objective one based on the medical evidence. An item of future care must be reasonable and medically justified, not medically necessary, to be recoverable: Milina at para. 212. An evidentiary link between the “physician’s” assessment of pain, disability and recommended treatment and the care recommendations of a qualified health care professional is required: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 39.
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