What is the burden of proving a plaintiff’s claim for medical malpractice?

The burden of proof is on the plaintiff. The plaintiff must prove the damages are reasonable. As Chief Justice Hinkson recently stated in Grabovac v. Fazio, 2021 BCSC 2362 at para. 371, “[w]hile plaintiffs are entitled to be compensated through special damages for reasonable out-of-pocket expenses incurred as a result of an accident, there must be evidence of medical justification for expenses intended to promote the plaintiff’s physical or mental health”. The mere fact the plaintiff chose to attend numerous sessions of acupuncture, massage therapy, and chiropractic treatment, notwithstanding the lack of any medical recommendations to do so, does not mean that the defendants are liable to compensate her for such expenses.