Contributory Negligence in Medical Malpractice Cases

When people seek treatment from healthcare providers, they expect that they will receive competent care that will address their concerns. Sadly, however, some patients receive substandard care that not only fails to protect their health but, instead, causes them actual harm. People hurt by incompetent medical care have the right to pursue medical malpractice claims against the providers responsible for their injuries, but presenting a winning case can be challenging. For example, in some cases, a doctor will argue that their patient is at fault for the losses in question and, therefore, should not be awarded damages. If you were wounded by a careless physician and want to learn more about the role of contributory negligence in medical malpractice cases, it is wise to speak to a lawyer as soon as possible. At Arfaa Law Group, our attorneys possess the knowledge and resources needed to help injured parties obtain favorable outcomes, and if you engage our services, we will diligently pursue any compensation you may be owed.

Establishing fault in a Maryland medical malpractice case usually requires the plaintiff to demonstrate the defendant’s negligence. To prove a defendant healthcare provider’s negligence, the plaintiff has to show that the defendant owed them a duty. Normally, the duty owed is to provide treatment that conforms to the applicable standard of care, which is defined as the treatment a reasonable doctor who works in the same practice area as the defendant would offer when faced with a similar situation. The plaintiff then must prove that the defendant breached the duty owed by offering care that fell below the standard. Finally, the plaintiff has to illustrate that they suffered measurable losses and must connect those losses to the defendant’s breach. While the defendant’s behavior does not have to be the sole cause of the plaintiff’s harm, it must be a substantial factor in bringing it about.

Even if a plaintiff presents strong evidence in favor of the imposition of liability against the defendant, it does not automatically mean that they will prevail. One obstacle in many medical malpractice lawsuits is the defendant’s assertion that the plaintiff was contributorily negligent. Understanding the implications of contributory negligence in medical malpractice cases is critical for anyone who wants to pursue claims against their provider, as it can significantly impact their claims.

Maryland imposes the strictest laws with regard to contributory negligence in medical malpractice cases. Specifically, Maryland is a pure contributory negligence state, which means if the fact-finder determines that the plaintiff contributed to their own injury or harm through their actions or omissions, they will be denied the recovery of damages. In other words, even if the defendant is deemed ninety-nine percent at fault for the plaintiff’s losses, if the plaintiff bears the other one percent of responsibility for their own harm, they will be denied compensation.

There are numerous behaviors defendants may argue constitute contributory negligence in medical malpractice cases. For instance, if a patient failed to follow medical advice, such as not abiding by a prescribed treatment plan or delayed seeking medical attention for symptoms, the defendant may argue the patient acted negligently. Similarly, if a patient withheld or misrepresented information about their medical history, current medications, or symptoms and it lead to a misdiagnosis or inappropriate treatment, the defendant may argue that such actions contributed to their harm.

Doctors who harm their patients via inadequate care will often refuse to admit liability and, in some instances, will go so far as to attempt to blame the injured patient for their losses. If you were hurt by inadequate medical care and you have questions about contributory negligence in medical malpractice cases and whether it may impact your potential claims, it is advisable to consult an attorney. The seasoned Baltimore lawyers of Arfaa Law Group can assess your case and inform you of your options for seeking a just outcome. Our office is located in Baltimore, and we frequently represent people in medical malpractice lawsuits throughout the city. You can contact us at 410-889-1850 or through our online form to set up a meeting.