Order Allow,Deny Deny from all What happens if patient carelessness contributed to the medical malpractice? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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In Florida we have what we call comparative negligence. It isn’t very often that a patient does something in the course of a procedure that adds to the negligence. There are situations however where patients are asked to do things by their doctors or medical providers and they don’t do them. That’s known as non-compliance. Non-compliance can be a defense in a medial malpractice action. For example, if somebody is hurt as a result of medical malpractice, and their injury is made worse by the fact that they did not follow the instructions and directions of other medical providers in trying to get well, the jury can assess their degree of negligence in not doing what the subsequent treaters asked them to do in order to get better.

While it’s a rare situation that a patient actually contributes to the injury, because many patients are under anesthesia, and the doctor is under control, or the patient is taking the doctor’s dictates as the gospel, so to speak, and doing what the doctor says in the office, there are situations where patients don’t do what the doctors and the medical professionals tell them to, and that can be considered a form of negligence for noncompliance.