Contributory Negligence And MD Medical Malpractice Claims

When it comes to Maryland’s medical malpractice laws, a significant challenge a victim may encounter is the state’s strict contributory negligence rule. It is a doctrine that can drastically affect a plaintiff’s ability to recover compensation, and this is true even when the primary fault lies with a healthcare provider.

It is important for individuals to understand that while contributory negligence may be an obstacle in the process, it is not necessarily an insurmountable barrier. With the help of an experienced Baltimore personal injury lawyer, plaintiffs can build a strong case, counter arguments of contributory negligence, and seek the justice and compensation they deserve.

History of Contributory Negligence in Injury Law

Contributory negligence is a legal rule that bars a plaintiff from recovering damages if they are found even 1% at fault for their injury. Maryland is one of only a handful of states that still adhere to this harsh standard. Most states have adopted comparative negligence systems, which allow plaintiffs to recover damages proportionate to their level of fault.

If you are wondering why this doctrine is in place, it is because it has roots in English common law, rules designed to promote personal accountability. But while strict doctrines can and do reduce frivolous claims, critics argue that contributory negligence is outdated and unfair, particularly in complex cases like medical malpractice where fault is rarely black and white.

Yet despite attempts to reform the law and adopt comparative negligence, Maryland’s legislature has resisted such changes. Courts have upheld contributory negligence as the standard, citing legal precedent.

Scenarios Leading to Being Assigned a Percentage of Fault

In medical malpractice cases, contributory negligence can take many forms. Common scenarios include:

• Failure to follow instructions. A patient who ignores a doctor’s recommendations or fails to attend follow-up appointments may be accused of contributing to their injury.
• Providing an incomplete medical history. If a patient withholds relevant health information, it could be argued that this omission contributed to a misdiagnosis or improper treatment.
• Errors in taking medications. Patients who fail to take prescribed medications correctly may face blame, even if the doctor prescribed the wrong dosage or medication.

Because healthcare outcomes often depend on shared responsibility between providers and patients, contributory negligence gives defense attorneys a powerful tool to minimize or eliminate liability for medical professionals.

Successfully building a strong medical malpractice claim under Maryland law requires legal expertise and strategy. A Baltimore personal injury lawyer can gather evidence, such as expert testimony and medical records, to illustrate that the patient acted reasonably and responsibly.

Plus, lawyers know how to provide proof of provider negligence. Legal professionals have the training and skills to focus on demonstrating that the healthcare provider’s breach of duty caused harm, leaving no room for shifting blame onto the patient.

How has fault complicated your efforts to access medical malpractice compensation? Discuss your case with the attorneys at Iamele & Iamele, LLP. Lawyers are available to compassionately support you and ensure all legal aspects are handled correctly. Contact us to book a confidential appointment.