What is the impact of mitigation in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Bott v Thomson, 2021 BCSC 1270 (CanLII):
In Hauk v. Shatzko, 2020 BCSC 344 at paras. 201-202, 206, Justice Marchand (as he then was) said that mitigation is not to be judged retrospectively nor to a standard of perfection, but based on the plaintiff’s history, the information available to her, the input from her family doctor, and the recommendations of other treating professionals.
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