Contributory Negligence in Medical Malpractice Cases

Source: The Verdict, Issue 151 / Winter 2017
Author: Brenda Osmond & Bob Kucheran
The Verdict, Issue 151 / Winter 2017

Medical malpractice cases sometimes involve deeply personal issues involving the plaintiff’s behaviours and beliefs. As advocates it can be easy to downplay or even entirely overlook the client’s responsibility to protect themselves from harm. When you first meet a potential client and consider both the likelihood of success and the potential compensation for damages suffered, you must consider the potential for a contributory negligence defence, which can have a significant impact on the outcome of your case.

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