In a personal injury action, is a plaintiff entitled to damages for not following the recommendations of their doctors?
British Columbia, Canada
The following excerpt is from Castro v. Krause, 2015 BCSC 2074 (CanLII):
In Qiao v. Buckley, 2008 BCSC 1782, Madam Justice Sinclair Prowse reduced a plaintiff’s damages by 30% for failure to mitigate her loss by not following the recommendation of her doctors regarding the treatment of her psychological disorders. In that case, the plaintiff had taken her medications but had failed to follow a recommendation to take psychological counselling.
A case which is closer to, but distinguishable on its facts, from the present case is Tsalamandris v. MacDonald, 2011 BCSC 1138 (varied on other grounds 2012 BCCA 239), where Madam Justice Griffin stated at paras. 232 and 235:
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