What is the impact of recommendations made by a qualified health care professional on determining whether an item or service is medically justified?
British Columbia, Canada
The following excerpt is from Gabor v. Boilard, 2015 BCSC 1724 (CanLII):
Recommendations made by health care professionals are relevant in determining whether an item or service is medically justified: Gregory at para. 38. However, to successfully advance a future cost of care claim it is not necessary that a physician testify to the medical justification of each and every item of care that is claimed. What is required is some evidentiary link between the physician’s assessment of pain, disability, and recommended treatment and the care recommended by a qualified health care professional: Gregory at 39; Gignac at paras. 31-32; Aberdeen v. Zanatta, 2008 BCCA 420 at paras. 43‑53, 63. General contingencies and those specific to the plaintiff are to be taken into account where and as appropriate: Gignac at para. 52.
"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 impact of a medical report on determining whether a service is medically justified? (British Columbia, Canada)
What is the test for determining damages for failure to follow recommended treatment by a qualified medical professional? (British Columbia, Canada)
What is the legal test for determining whether there is a health hazard under the Health and Safety Act? (British Columbia, Canada)
Can recommendations made by a qualified health care professional support a cost of future care claim? (British Columbia, Canada)
What is the standard of care required for a professional to be considered in determining whether a professional met the requisite standard for care? (British Columbia, Canada)
What is the relevant medical and scientific literature in determining whether a worker is suffering from a disease under section 6(1) of the Health and Safety Act? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
Is a plaintiff’s mental health impairment a contributory factor in determining whether she is entitled to compensation for cleaning services provided to her client? (British Columbia, Canada)
Is a plaintiff’s mental health impairment a contributory factor in determining whether they are entitled to compensation for cleaning services provided to them? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s pre-existing medical condition contributed to her medical malpractice? (British Columbia, Canada)
