Contributory negligence can refer to situations where the patient’s own actions contributed to their injury. This can play a significant role in medical malpractice cases.
South Carolina follows a modified comparative negligence rule, which means that if the court deems a patient to be partly at fault, their compensation could may reduce based on the percentage of their assigned fault. However, if the patient’s fault exceeds 50%, they might not recover any damages whatsoever.
How contributory negligence affects medical malpractice claims
When a patient files a medical malpractice claim in South Carolina, the court will consider whether the patient’s own actions contributed to the harm. Not following medical advice or not providing accurate medical history can be forms of contributory negligence. However, patients can still pursue compensation if they are partially at fault. The modified comparative negligence rule allows for compensation as long as the claimant’s fault does not exceed 50%.
How patients can avoid contributory negligence in the medical setting
Patients can take steps to reduce the risk of a court holding them partly responsible in the event of medical malpractice. These actions include:
- Following medical advice
- Communicating clearly with healthcare providers
- Asking questions
- Keeping records
Following the proper steps can make all the difference if a medical malpractice case goes to court. Thorough medical documentation can serve as evidence of a medical professional’s fault. Records of communication show that the patient did as instructed. These are the factors that can help lead to a favorable outcome when pursuing a claim.
