Here is what you need to know about contributory negligence in medical malpractice cases.
When it comes to injury claims, medical malpractice cases can be particularly difficult to win because of their complexity. You will need the support of accurate, detailed testimonies, as well as the support of trusted medical professionals and medical malpractice lawyers. One of the obstacles you might come against in a medical malpractice case is contributory negligence, which is a serious legal factor in Maryland. Here is what you need to know about contributory negligence in medical malpractice cases.
About Contributory Negligence
The regulations on contributory negligence vary from different states, but one thing in common is that in some states, like Maryland, a person’s case can be disqualified if it can be proven that they had anything to do with their own injuries. What is particularly difficult is that in Maryland follows the strict pure contributory negligence rule. Pure contributory negligence means that a person cannot receive financial compensation for their injuries if they had any contributory negligence whatsoever, even being as little as one percent at fault.
How Contributory Negligence Occurs
As strict as these contributory negligence rules are, you might be concerned if there is a way that the medical professionals you’re trying to sue could prove you were partially at fault for your medical malpractice injuries. Some of the ways that a patient can be considered negligent are if their actions could have directly or indirectly contributed to their injuries. For example, failing to follow the directions of the doctor by not taking medication at the right times or in the proper dosage could be considered contributory negligence. Other examples include providing inaccurate or false information about medical history, lying about the nature or extent of symptoms, or doing things that would worsen the condition like consuming alcohol with a known liver problem.
Last Clear Chance Doctrine
Fortunately, in regards to the pure contributory negligence rule, there is one somewhat loophole called the last clear chance doctrine. If your doctor had the last apparent opportunity to prevent your injury but failed to take this opportunity, then they would be considered at fault. This means that even if you have been accused of contributory negligence, all might not be lost. If you can prove that the doctor in question, and not you, had the last clear chance to avoid your injury, then you could still receive compensation for your injuries.
Call The Snyder Law Group today!
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, and LinkedIn.