In this case it was held that the applicant has not discharged her burden of proof that she acted reasonably in incurring any costs associated with the surgery. A key learning – ensure your experts are careful to demonstrate expertise rather than partiality. There used to be a school of thought that evidence of a treating doctor because they have a broader knowledge of the patient and are more concerned with treatment rather attribution of the cause of the condition are impartial. However, they do not generally engage in the same forensic analysis as an expert witness.
Brian is available to be briefed in the SAET. For briefing or availability enquiries, please contact our Clerk.