A New Brunswick woman injured in a car crash is headed to court this week to argue her insurance company should cover the cost of her hip surgery in a private clinic because she faces a four-year wait in the public system.
Mike Murphy, a senior partner with Forte Law in Moncton, N.B., says the woman in her 20s was injured in a collision three years ago, but her hip injury wasn't diagnosed until six months ago.
"We're saying that medicare doesn't cover this because availability is four years away," Murphy said in an interview. "That's just not coverage ... We're saying the availability is not there." Lawyers for the insurance company are also expected to argue the woman's injury was not caused by the collision in Moncton."Depending upon the results of the decision, the implications of the decision could be quite substantial," he said, adding that insurance companies should be instructed take wait times into account when assessing accessibility to treatment.
"Most of the time, the insurance company pays a private clinic because they want you to get ... back to work quickly," Murphy said. "The difference here is that physiotherapy is $50 a session and this is a $28,000 surgery -- but it's the same principle."
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