What is the test for having a physician testify to the medical necessity of each item claimed?

British Columbia, Canada


The following excerpt is from Tolea v Huang, 2021 BCSC 260 (CanLII):

It is not necessary that a physician testify to the medical necessity of each item claimed; however, there must be some basis in the evidence whereupon the trier of fact can draw a link between the professional’s assessment of pain and disability with the recommended treatment: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at paras. 38–39.

Other Questions


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 a physician required to testify to the medical necessity of every item of care claimed? (British Columbia, Canada)
Is a physician or medical doctor required to testify to the medical necessity of a future care item? (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 physician required to provide an opinion on the medical necessity of the future care items claimed? (British Columbia, Canada)
What is the test for having a physician testify to the medical necessity of every item of future care? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim in the context of medical necessity claims? (British Columbia, Canada)
What is the current state of the law on medical malpractice claims against the medical profession for failure to warn? (British Columbia, Canada)
Is a medical expert required to testify in support of each item of support that is claimed? (British Columbia, Canada)
Is a medical opinion supporting a claim for medical expenses unnecessary? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.