What is the test for determining damages for failure to follow recommended treatment by a qualified medical professional?
British Columbia, Canada
The following excerpt is from Lim v. Anderson, 2012 BCSC 263 (CanLII):
A preliminary issue I must decide before assessing damages is whether the plaintiff has failed to mitigate her damages. The defendants must prove that the plaintiff failed to follow recommended treatment by a qualified practitioner that could have overcome or reduced her current or future problems: Papineau v. Dorman, 2008 BCSC 1443. The applicable standard is reasonableness. The defendants must demonstrate that the plaintiff unreasonably refused to follow the practitioner’s recommendations.
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