How have courts treated the issue of mitigation in medical malpractice cases?

In Cowie v. Mullin, [1992] N.S.J. No. 162, the issue of mitigation arose. Tidman J. commented at p. 11: I am satisfied from the evidence that the plaintiff’s obesity does, in fact, exacerbate the effects of his injury. I am also satisfied that the plaintiff was advised that it would so do. No acceptable evidence has been offered as to why the plaintiff has not kept his weight down. The plaintiff has an obligation to mitigate the effects of the injury caused by the defendant’s negligence. I find that in this respect he has not done so. Under the circumstances here I would reduce an award for non-pecuniary damages by 10% for the failure to the plaintiff to mitigate the exacerbating effect of his obesity on his back condition.