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What Happens If Patient Carelessness Contributed To The Medical Malpractice?

There’s what’s called comparative negligence, which can be plead as an affirmative defense, not only in medical malpractice cases, but in any type of tort case. If a patient does something careless that either causes, or contributes, to his or her own injury, then the jury is going to be entitled to place a percentage of negligence along the name of the plaintiff on the verdict form, deciding what percentage of the negligence was due to the plaintiff, and what was due to the defendant.