Medical Malpractice: Comparative vs. Contributory Negligence

In cases of medical negligence, it is important to establish the difference between malpractice comparative vs. contributory negligence when determining liability. Negligence is the term used to describe the behavior of the individuals who were responsible for malpractice. If you are considering bringing a medical malpractice lawsuit, it is important to research the laws in your state before filing a claim for damages against a medical practitioner.

What is Comparative and Contributory Negligence?

Negligence is the key element when establishing who is liable in a medical malpractice case. Malpractice comparative vs. contributory negligence will determine who will receive compensation for their losses and how much they may be entitled to receive in compensation for their injuries. Some states adopt different rules of law when determining how the parties involved are responsible. Currently, there are four systems in place throughout the U.S. which include:

1. Pure Comparative Negligence
2. Pure Contributory Negligence
3. Modified Comparative Negligence—50% Bar Rule
4. Modified Comparative Negligence—51% Bar Rule

Comparative Negligence

Comparative negligence is used to determine how much you can recover in a claim and the percentage for which you are at fault. Under this rule of law, your ability to recover damages may be greatly reduced but not entirely prohibited. Pure comparative negligence means that a plaintiff’s damages will be calculated and then reduced to reflect his or her contribution to the injury. For example, if the plaintiff was awarded a judgment of $20,000 and it was determined that the plaintiff was 50% responsible for their injuries, they would only be given half that amount.

Only eleven states use the 50% bar rule, which means that if the damaged party is less than 50% responsible, they can collect damages. There are twenty-one states that recognize the 51% bar rule which means that the party who is less than 51% liable can seek compensation.

Contributory Negligence

Contributory negligence means that you were partially to blame for the incident. For example, if a patient is admitted to the emergency room for treatment and they fail to inform the physician that they are allergic to a medication or tell them about a pre-existing condition, they may be guilty of contributing to the negative outcome of the treatment they received. If the victim is found to be only 1% at fault, they will be unable to recover compensation for their injuries. Currently, there are only five states that subscribe to this rule of law which are: Alabama, the District of Columbia, Maryland, North Carolina and Virginia.

When to Talk to a Medical Malpractice Attorney

When deciding to file a claim for medical malpractice, the victim often has questions about the validity of their claim. Determining who is liable and which laws may apply to their case are difficult to figure out. Hiring an experience medical malpractice attorney can greatly increase your chances of recovering compensation for your injuries.