What is the duty of a medical malpractice officer to mitigate?
Alberta, Canada
The following excerpt is from Barriffe v. Janiten, 2003 ABQB 1042 (CanLII):
In Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, a case dealing with the effect of a patient’s refusal to undergo recommended surgery, the court upheld the principle that a plaintiff cannot recover damages which could have been avoided by the taking of reasonable steps. This underlies the duty to mitigate.
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