What is the test for mitigation in a medical malpractice case?
Alberta, Canada
The following excerpt is from Pfob v. Bakalik, 2004 ABCA 278 (CanLII):
The principles of mitigation are well settled. A defendant alleging the plaintiff has failed to mitigate damages, must show that the plaintiff acted unreasonably when seeking treatment and the extent to which reasonable actions would have reduced damages. In the face of conflicting medical advice, a plaintiff will not be held to a high standard when choosing to follow one course of treatment over another, unless that choice is demonstrably unreasonable: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146 (“Janiak”)
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