Our experienced Clearwater medical malpractice attorney discusses what you need to know about contributory negligence. Call for a free consultation.
Question:
What is contributory negligence?
Answer: In Florida, we have something called comparative negligence. Comparative negligence says that a person or an entity that’s being sued is saying that they may be responsible for this, but the person who’s bringing the claim is also responsible. If a jury finds that that person contributed to their own losses or damages by failing to heed the advice of a doctor or doing things that were contrary to medical indication and recommendations, they indeed can be held comparatively negligent.
In Florida, comparative negligence means that a jury will be apportioning fault between the medical provider and the person who’s bringing the claim. When we bring these claims, it’s not only important that we prove that there was a breach of the prevailing standard of care and that that doctor or hospital was negligent, but we also establish that our client was not comparatively at fault.
In Florida, we have something called comparative negligence. Comparative negligence says that a person or an entity that’s being sued is saying that they may be responsible for this, but the person who’s bringing the claim is also responsible. If a jury finds that that person contributed to their own losses or damages by failing to heed the advice of a doctor or doing things that were contrary to medical indication and recommendations, they indeed can be held comparatively negligent.
