The law in BC is that you must follow all reasonable medical
advice in trying to recover from your personal injuries. If you do
not, then the defendant and ICBC will argue that “She would have
been better a long time ago if she had gone for treatment.” You run the risk that a
Court will find you did not “mitigate” and the Court will reduce your damages.
While that is the general law, in a recent case, the BC Supreme Court held that
it was not unreasonable for an injured person to stop
physiotherapy where:
- The cost was more than she could manage;
- Treatment took time away from her children;
- The physiotherapy was less helpful than massage from her husband;
- She could do the stretches she was taught by the physiotherapist at home.
The decision does not state if only one of these factors alone would have made
it reasonable to stop the therapy. Therefore, it is
always best to consult with your treating doctors to discuss all issues
about treatment and get their advise whether to continue
or stop.
Rozendal v Landingin, 2013 BCSC 24
http://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc24/2013bcsc24.html