What is the burden of proving that a plaintiff’s failure to pursue recommended medical treatment contributed to their loss?
British Columbia, Canada
The following excerpt is from Belos v Michaels, 2017 BCSC 1217 (CanLII):
The burden lies with the defendant to prove that the plaintiff could have avoided some of his loss by pursuing recommended medical treatment. The defendant must prove that it was unreasonable not to pursue certain treatment and that the plaintiff’s damages would have been reduced as a result: Chiu v. Chiu, 2002 BCCA 618.
"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 test for failure to mitigate in circumstances where a plaintiff has not pursued recommended medical treatment? (British Columbia, Canada)
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 burden of causation against a plaintiff who has not followed a recommended course of medical treatment? (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 failure to mitigate by not pursuing a recommended course of 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 test for a plaintiff to mitigate their losses by refusing to accept the recommended medical treatment? (British Columbia, Canada)
What is the burden of proving that a plaintiff's failure to follow the advice of doctors with respect to treatment is reasonable or unreasonable? (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)
If a plaintiff fails to prove quantification of their loss by earnings or by capital asset, is that loss quantification quantified or quantified? (British Columbia, Canada)
