YOU AND THE LAW® PLAINTIFFS SHOULD FOLLOW MEDICAL ADVICE If you're hurt in an accident, you must take reasonable and back when rear-ended. For 18 months, he regularly steps to "mitigate (minimize) your losses. You cant getsaw a physiotherapist, massage therapist and chiropractor damages (compensation) for losses caused by your ownnd went to the gym almost daily. He was starting to feel neglect. So if you ignored medical advice, and would havestronger and better. Then the defence insurance company gotten much better and more quickly if you had followed stopped paying for his rehabilitation. He only earned about $30,000 a year and couldn't afford treatment on his own. Four years after the accident, he still took narcotic painkillers for headaches and couldn't ski, hike, hunt, camp or do yard work as before. The defence argued he didn't his damages should be reduced. our doctors recommendations, your compensation ma be reduced. For example, the plaintiff in one case chose naturopathic remedies instead of the injections and surgery recommended by three orthopedic surgeons for her injuredmitigate his losses and shoulder. The court cut her damages by 30% for her failure | The BC Supreme Court said, however, that whether a to mitigate. plaintiff has taken reasonable steps to minimize their los depends on all the circumstances, including financial circumstances. This wasnt a case where the plaintiff refused to follow medical advice. Indeed, the plaintiff saved for an annual gym membership and, two years after the accident, But the defence must prove recommended treatment meant you didn't get better fully or quickly as you could have that your failure to follow the Take the case of a plaintiff who suffered herniated discs inretured to the gym and lost weight. When his income his back when he was rear-ended. The defence argued heincreased, he also returned to massage therapy failed to mitigate by not continuing to take physiotherapyThe court decided he didntact unreasonably in determining massage therapy, kinesiology or acupuncture three months after the accident, as recommended. They also argued he should have hired a personal trainer or followed a structured exercise program. But the plaintiff did see a chiropractor regularly, bought a new mattress for his bakIf you're hurt in an accident and entitled to damages, (and a home gym and gravity extension table), did exercises lawyer can help protect your rights and obtain the best at home, and took prescription and herbal medication. how best to try and pay for the treatments that had helped him, but which ICBC was no longer paying for. His total damages of over $400,000 werent cut as a result. compensation for you. his This column provides information only and OurB.C. appeal court decided the defence hadn't proved h "less than full compliance with medical recommendationsm must not be relied on for legal advice. Please call Stephen W. Turner at 250-868-8801 for your free, no obligation, initial consultation l recommendations would have made any difference to his continuing disability? So his damages (over $170,000) were not reduced. Written by Janice and George Mucalo, LLB.s with contribution by Stepben W Turne Lawyer Janice Mucalov is an auard-winning legal writer "You and the Law is a registered trademark anice and George Micalt Can you stop the recommended medical treatmentb you cant afford it? An active 30-year-old apprentice plumber hurt his neck STEPHEN TURNER LA Personal Injury Law MEDICAL MALPRACTICE 50.868.8801 ,0 Call For Free Initial Consultation 508 Doyle Ave., Kelowna law@stephenturnerlaw.ca LAW YOU AND THE LAW® PLAINTIFFS SHOULD FOLLOW MEDICAL ADVICE If you're hurt in an accident, you must take reasonable and back when rear-ended. For 18 months, he regularly steps to "mitigate (minimize) your losses. You cant getsaw a physiotherapist, massage therapist and chiropractor damages (compensation) for losses caused by your ownnd went to the gym almost daily. He was starting to feel neglect. So if you ignored medical advice, and would havestronger and better. Then the defence insurance company gotten much better and more quickly if you had followed stopped paying for his rehabilitation. He only earned about $30,000 a year and couldn't afford treatment on his own. Four years after the accident, he still took narcotic painkillers for headaches and couldn't ski, hike, hunt, camp or do yard work as before. The defence argued he didn't his damages should be reduced. our doctors recommendations, your compensation ma be reduced. For example, the plaintiff in one case chose naturopathic remedies instead of the injections and surgery recommended by three orthopedic surgeons for her injuredmitigate his losses and shoulder . The court cut her damages by 30 % for her failure | The BC Supreme Court said , however , that whether a to mitigate. plaintiff has taken reasonable steps to minimize their los depends on all the circumstances, including financial circumstances. This wasnt a case where the plaintiff refused to follow medical advice. Indeed, the plaintiff saved for an annual gym membership and, two years after the accident, But the defence must prove recommended treatment meant you didn't get better fully or quickly as you could have that your failure to follow the Take the case of a plaintiff who suffered herniated discs inretured to the gym and lost weight. When his income his back when he was rear-ended. The defence argued heincreased, he also returned to massage therapy failed to mitigate by not continuing to take physiotherapyThe court decided he didntact unreasonably in determining massage therapy, kinesiology or acupuncture three months after the accident, as recommended. They also argued he should have hired a personal trainer or followed a structured exercise program. But the plaintiff did see a chiropractor regularly, bought a new mattress for his bakIf you're hurt in an accident and entitled to damages, (and a home gym and gravity extension table), did exercises lawyer can help protect your rights and obtain the best at home, and took prescription and herbal medication. how best to try and pay for the treatments that had helped him, but which ICBC was no longer paying for. His total damages of over $400,000 werent cut as a result. compensation for you. his This column provides information only and OurB.C. appeal court decided the defence hadn't proved h "less than full compliance with medical recommendationsm must not be relied on for legal advice. Please call Stephen W. Turner at 250-868-8801 for your free, no obligation, initial consultation l recommendations would have made any difference to his continuing disability? So his damages (over $170,000) were not reduced. Written by Janice and George Mucalo, LLB.s with contribution by Stepben W Turne Lawyer Janice Mucalov is an auard-winning legal writer "You and the Law is a registered trademark anice and George Micalt Can you stop the recommended medical treatmentb you cant afford it? An active 30 - year - old apprentice plumber hurt his neck STEPHEN TURNER LA Personal Injury Law MEDICAL MALPRACTICE 50.868.8801 ,0 Call For Free Initial Consultation 508 Doyle Ave., Kelowna law@stephenturnerlaw.ca LAW