What is the test for determining whether a reasonable patient has followed the recommended treatment?
British Columbia, Canada
The following excerpt is from Zwinge v Neylan, 2017 BCSC 1861 (CanLII):
In Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 56, the test was described as a “subjective/objective test.” The first question is whether the reasonable patient, with all the information that the plaintiff possessed, ought reasonably to have undergone the recommended treatment. The second aspect is the extent to which the plaintiff’s damages would have been reduced by that treatment.
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