Can a claim for future care be made against a plaintiff's medical expenses?
British Columbia, Canada
The following excerpt is from Devito v Watson, 2020 BCSC 1106 (CanLII):
… However, as with claims for the cost of future care, when a claimed expense has been incurred in relation to treatment aimed at promotion of a plaintiff's physical or mental well-being, evidence of the medical justification for the expense is a factor in determining reasonableness: see Redl v. Sellin, 2013 BCSC 581, at para. 55.
"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
Is it necessary for a plaintiff to advance a future cost of care claim in the context of medical necessity claims? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is a medical opinion supporting a claim for medical expenses unnecessary? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
Can an unsuccessful party to a small claims action be required to pay any other reasonable charges or expenses such as experts’ fees or expenses? (British Columbia, Canada)
What is the test for a plaintiff to claim damages for future loss of earning capacity? (British Columbia, Canada)
What is the test for a plaintiff to succeed in a claim of loss of future earning capacity? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
What is the test for meeting the threshold burden of a claim in an action brought by a plaintiff in a medical malpractice case? (British Columbia, Canada)
