What is the burden of causation against a plaintiff who has not followed a recommended course of medical treatment?
British Columbia, Canada
The following excerpt is from Steinlauf v Deol, 2021 BCSC 1118 (CanLII):
Once causation is established, the burden shifts to the defendant to prove that the plaintiff failed to mitigate some of his loss or injury. If a plaintiff has not pursued a recommended course of medical treatment, the defendant must prove that the plaintiff acted unreasonably in declining the medical treatment and the extent, if any, by which the plaintiff’s damages would have been reduced had he acted reasonably: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden on a defendant to prove that a plaintiff has not followed a recommended course of medical treatment? (British Columbia, Canada)
What is the test for a plaintiff to claim damages for not following a course of medical treatment recommended by their doctors? (British Columbia, Canada)
What is the test for a plaintiff to be awarded damages for failing to follow a recommended course of medical treatment? (British Columbia, Canada)
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)
What is the test for making an argument that a plaintiff has not followed a course of recommended medical treatment? (British Columbia, Canada)
What is the burden of proving that a plaintiff’s failure to pursue recommended medical treatment contributed to their loss? (British Columbia, Canada)
What is the test for an argument that a plaintiff has not pursued a course of recommended medical treatment? (British Columbia, Canada)
What is the test for making an argument that a plaintiff has not pursued a course of recommended medical treatment? (British Columbia, Canada)
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)
What is the burden of mitigation against a plaintiff who failed to attend recommended treatment? (British Columbia, Canada)
