Contibutory Negligence in Medical Malpractice

Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient\u27s own negligence. In the second, the patient\u27s negligence directly contributes to the severity of an injury already present because of the physician\u27s negligence. The plaintiff-patient\u27s damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time lag exists between the separate negligent acts, each of which produces significant injury. The physician is chargeable only with the consequences of his own negligence, not subsequent acts of his patient. Recognizing these generalized differences, it would be beneficial to an understanding of this field of tort law to review the nature of contributory negligence and its application to medical malpractice litgation. Cases will follow to crystallize some of this fundamental law