What is the test for a plaintiff who has not pursued a course of medical treatment recommended to him by his doctor?
British Columbia, Canada
The following excerpt is from Achan v Jin, 2020 BCSC 1430 (CanLII):
… In a personal injury case in which the plaintiff has not pursued a course of medical treatment recommended to him by doctors, the defendant must prove two things: (1) that the plaintiff acted unreasonably in eschewing the recommended treatment, and (2) the extent, if any, to which the plaintiff’s damages would have been reduced had he acted reasonably. These principles are found in Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146.
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