Date Posted:

May 14, 2024

Post Author

Andres Beregovich

In comparative negligence within medical malpractice, knowing the small details can greatly affect how much money you may be able to recover from your lawsuit. In Florida, for example, the comparative negligence law can change your compensation based on how much blame you carry for causing an injury. We at Beregovich Law concentrate on handling these intricate legal aspects to help our customers understand their privileges and attain the best possible results for their cases related to medical malpractice.

How Legal Medical Malpractice Lawsuit Works for Comparative Negligence

In medical malpractice situations that include comparative negligence, the compensation you get decreases by a part equal to your portion of blame. This is generally how the process goes:

  • Evaluation of Fault: In the lawsuit, we carefully investigate healthcare providers’ and patients’ actions to understand each party’s role in causing injury and decide on their proportional blame.
  • Calculation of Damages: After adding up all the damages (like costs for medical treatment, missed earnings, and pain and suffering), this sum is modified to show the percentage responsibility the patient bears.
  • Award Adjustment: Let’s say you are found to be 30% responsible for your injuries, and the total damages are $100,000. Your compensation will be reduced by 30%, so you will receive $70,000.

This method highlights why it is crucial to have a proficient medical malpractice lawyer. They can skillfully decrease your portion of blame and enhance the amount you receive as compensation.

Understanding Comparative Negligence

Comparative negligence, also known as “non-absolute contributory negligence outside the state of Maryland,” is a partial legal defense that lowers the damages a plaintiff can receive in a claim based on negligence. This reduction depends on how much the plaintiff’s negligence contributed to causing their injury. Important points are:

  • Pure Comparative Negligence: Florida adheres to the pure comparative negligence rule. Under this principle, a damaged party can recover even if it is found to be 99% at fault. However, the recovery amount is lowered by the degree of fault assigned to the damaged party.
  • Shared Fault: This rule is often applied in complex medical malpractice cases, where more than one element leads to the injury or health problem.

Comparative Negligence in Medical Malpractice Cases

In the setting of medical malpractice negligence, comparative negligence can be used in many scenarios, including:

  • Disregard of Medical Advice: When a patient does not comply with the prescribed treatment or medication plan, and this leads to their injury, the compensation they receive might be lessened.
  • Late Consultation: If a patient delays consulting a doctor when symptoms show up, and this makes their condition worse, then the delay might be considered negligence.
  • Inaccuracy of Medical History: Patients who give incorrect or incomplete medical histories, resulting in wrong treatment, can be considered somewhat responsible.

The impact on legal strategy and outcome is substantial when comprehending these situations with a medical negligence attorney.

Contributory Negligence: What You Should Know

Contributory negligence, similar to comparative negligence, is a rule that limits the amount of compensation a plaintiff can receive if they are partially at fault for their injury. However, contributory negligence follows a more stringent standard. If the person bringing the lawsuit – known as the “plaintiff” – is discovered to have any degree of responsibility in causing their harm, they might be prevented from recuperating any damages. Critical aspects of contributory negligence include:

  1. The Plaintiff’s Cntribution: Even if the person accusing someone else of being negligent – this individual is called the “plaintiff” – has only contributed slightly to their injury, it can still result in them not getting any compensation.
  2. Absolute Bar Rule: This principle says that if a plaintiff has any share in causing their harm and this contribution is found even minimal by a court or jury assessment, they cannot get compensation from other parties involved. 
  3. The old-fashioned approach: Contributory negligence was once recognized as an absolute bar to recovery; however, most states now employ a comparative fault system instead.

 Not many states today follow contributory negligence rule fully; just Alabama, North Carolina and Maryland use it without blending with comparative fault concept at all or only partially applying such a system depending on the situation. 

In medical malpractice cases, if there is comparative negligence or contributory negligence, it becomes essential to have a lawyer who is an expert in this area. We at Beregovich Law are committed to giving you that expertise; we will assist and support your understanding of the intricate details of your case without any worry.

If you think you are a victim of medical malpractice and the situation involves the complexities of comparative negligence in medical malpractice cases, contact Beregovich Law today. Our skilled group is ready to offer advice and stand up for your rights so that you can obtain the compensation that is rightfully yours.