What is the test for a plaintiff to claim damages for not following a course of medical treatment recommended to her by her doctor?
British Columbia, Canada
The following excerpt is from Da Silva v Pollard, 2019 BCSC 2249 (CanLII):
In a personal injury case in which the plaintiff has not pursued a course of medical treatment recommended to her by doctors, the defendant must prove two things: (1) that the plaintiff acted unreasonably in failing to follow the recommended treatment; and (2) the extent, if any, to which the plaintiff’s damages would have been reduced had she acted reasonably. See Chiu v. Chiu, 2002 BCCA 618, at para. 57.
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