What is the test for making an argument that a plaintiff has not followed a course of recommended medical treatment?
British Columbia, Canada
The following excerpt is from Carver v Or, 2017 BCSC 1496 (CanLII):
This principle has been applied to arguments that a plaintiff has not pursued a course of recommended medical treatment. In Chiu v. Chiu, 2002 BCCA 618, Mr. Justice Low wrote as follows, at para. 57: … the defendant must prove two things: (1) that the plaintiff acted unreasonably in eschewing the recommended treatment, and (2) the extent, if any, to which the plaintiff’s damages would have been reduced had he acted reasonably. …
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