What is the test for determining whether a plaintiff would have received the recommended treatment?
British Columbia, Canada
The following excerpt is from Vienneau v Dhaliwal, 2019 BCSC 1260 (CanLII):
The onus is on the defendant to establish, on a balance of probabilities, that: a) the plaintiff ought reasonably to have undergone the recommended treatment; and b) if the recommended treatment was undertaken, the plaintiff’s damages would have been reduced, (Dhanji v. Holland, 2015 BCSC 1351 relying on Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144.).
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