What is the burden of a defendant in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Hauer v. Clendenning, 2010 BCSC 366 (CanLII):
The defendant bears the burden of establishing that the plaintiff has failed to mitigate her loss, in this case that she failed to follow medical direction, and that had she followed that advice, she would have recovered further or faster: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146.
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