This was an assessment of the costs following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867)
The injury claimant was in a motor vehicle accident sustained soft tissue injuries. Despite two treating doctors recommending an MRI, Registrar Cameron refused this cost incurred by the claimant “… in light of the fact that the examination was considered to be of a non-urgent nature…”The Court expected the claimant to produce evidence of the wait time in the public health care system.
If the MRI had been claimed as a special damage it may have been an issue of mitigation in which case the burden of proving that an MRI was available in a timely manner and cheaper through the public system would fall on ICBC.
The Court denied double costs to ICBC although there was a formal offer to settle the costs of the MRI in the sum of $1.00 because the application was not hopeless and the claimant was genuinely following her doctor’s advice.
Issue: Should a victim of personal injury be compensated for a private MRI or other tests recommended by treating doctors?
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
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