What is the mitigation test in medical malpractice cases?

British Columbia, Canada


The following excerpt is from Nguyen v Bhatti, 2017 BCSC 1537 (CanLII):

More recently, in Gregory v. Insurance Corp. of British Columbia, 2011 BCCA 144 at para. 56, the court described the mitigation test as a “subjective/objective test”: firstly, whether the reasonable patient, having all the information in hand, ought to have undergone the recommended treatment; and secondly, the extent to which the plaintiff’s damages would have been reduced or if there was some likelihood that the plaintiff would have received substantial benefit from it.

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