Refusal to Have Treatment Can Be Justified
It can be acceptable to refuse to have medical treatment and not have it count as 'failing to mitigate loss', provided the decision is not demonstrated to be unreasonable. If a claimant refuses treatment it is up to the defendant to present sufficient evidence to demonstrate that it was unreasonable of them to refuse. In a recent case the damages awarded to a claimant were not reduced because of her refusal to have an operation on her injured back: this left her $80,000 better off.
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