What is the test for a plaintiff to claim damages for not following a course of medical treatment recommended by their doctors?

British Columbia, Canada


The following excerpt is from Azuma-Dao v. MKA Leasing Ltd., 2012 BCSC 10 (CanLII):

According to Chiu v. Chiu, 2002 BCCA 618 at para. 57: In a personal injury case in which the plaintiff has not pursued a course of medical treatment recommended to him by doctors, the defendant must prove two things: (1) that the plaintiff acted unreasonably in eschewing the recommended treatment, and (2) the extent, if any, to which the plaintiff’s damages would have been reduced had he acted reasonably.

Other Questions


What is the test for a plaintiff to claim damages for not following a course of medical treatment recommended to her by her doctor? (British Columbia, Canada)
What is the test for a plaintiff to be awarded damages for failing to follow a recommended course of medical treatment? (British Columbia, Canada)
What is the test for making an argument that a plaintiff has not followed a course of recommended medical treatment? (British Columbia, Canada)
In a personal injury action, is a plaintiff entitled to damages for not following the recommendations of their doctors? (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 a plaintiff who has not pursued a course of medical treatment recommended to him by his doctor? (British Columbia, Canada)
What is the burden of proving that a plaintiff’s failure to pursue recommended medical treatment contributed to their loss? (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 burden on a defendant to prove that a plaintiff has not followed a recommended course of medical treatment? (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)

There are no other similar questions at this time.