What is the defence in medical malpractice cases?

British Columbia, Canada


The following excerpt is from Stevens v Creusot, 2019 BCSC 1781 (CanLII):

The defence refers to Rahimi v. Ma, 2014 BCSC 710. There, Justice Voith noted at para. 35 that the usual argument surrounds whether the plaintiff has failed to undertake a recommended treatment program. The plaintiff had sought only little medical advice or assistance which gave rise to the defence arguing that she should have sought out such advice.

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