What is the mitigation test for medical malpractice?
British Columbia, Canada
The following excerpt is from Fowler v Ford, 2021 BCSC 324 (CanLII):
The mitigation test is a two-part subjective/objective test: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 56. The test asks: 1. Would a reasonable patient, having all the information that the plaintiff possessed, ought to have undergone the recommended treatment? 2. If so, to what extent would the plaintiff’s damages have been reduced by that treatment?
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