Can Patients Be Partially Responsible For Their Injuries?

In medical malpractice and personal injury cases, patients can sometimes be found partially responsible for their injuries through their own actions or negligence. This concept, often referred to as contributory negligence or comparative negligence, can influence the amount of compensation a patient receives. While healthcare providers have a duty to provide a standard level of care, patients also have responsibilities that can affect the outcome of a case.

Key Points on Patients Being Partially Responsible for Their Injuries

1. Patient Responsibility in Medical Cases

Patients have a duty to follow medical advice, take prescribed medications, and act responsibly during treatment. If a patient fails to follow instructions or engages in actions that worsen their condition, they can be found partially responsible for their injuries.

2. Contributory Negligence

Contributory negligence refers to a situation where the patient’s own negligence contributes to the injury. For example, if a patient neglects to follow medical instructions after surgery and aggravates the injury, they may be partially responsible.

In some jurisdictions, contributory negligence can reduce or eliminate the amount of compensation the patient is entitled to receive. For example, a 30% reduction in compensation may be made if the patient is found 30% at fault for the injury.

3. Informed Consent and Patient Responsibility

Patients must provide informed consent for medical procedures, meaning they are fully aware of the risks involved. If a patient fails to disclose important health information or refuses recommended treatments, they may be partially responsible for any resulting complications.

For instance, if a patient does not disclose an allergy to a specific medication, and as a result, they suffer an adverse reaction, they may be found partially responsible for their injury.

4. Impact of Partial Responsibility on Compensation

In many cases, if a patient is partially responsible for their injury, the amount of damages they can recover may be reduced. This is often done based on the degree of responsibility assigned to the patient.

• Comparative Negligence: In some legal systems, damages are reduced in proportion to the patient's degree of fault. For example, if the patient is 20% responsible, they may recover only 80% of the damages.
• Strict Contributory Negligence: In jurisdictions that follow strict contributory negligence, even a small amount of fault (e.g., 1%) can completely bar the patient from recovering damages.

5. Common Situations Where Patients May Be Partially Responsible

• Ignoring Medical Advice: A patient who ignores a doctor's advice or skips follow-up appointments may be found partially responsible for a deterioration in their health.
• Failure to Take Medications: If a patient fails to take prescribed medications or follow post-operative care instructions, and this leads to further injury or complications, they may be partially liable.
• Engaging in Risky Behavior: If a patient engages in activities that are harmful or contraindicated after surgery or treatment (e.g., smoking after a lung operation), they could be considered partly responsible for any resulting harm.

6. Defenses in Personal Injury and Medical Malpractice Cases

Healthcare providers may argue that the patient’s own actions were a significant factor in the injury. This argument is often used to reduce the provider's liability or to minimize the damages they have to pay.

However, the burden of proof lies on the defendant (healthcare provider) to show that the patient’s actions were a significant cause of the injury.

Example

A patient undergoes knee surgery and is given clear instructions to rest and avoid high-impact activities during the recovery period. However, the patient decides to return to playing basketball within two weeks, which leads to a re-injury of the knee.

In this case, the healthcare provider may argue that the patient’s decision to engage in risky behavior was a contributing factor to the injury. The patient could be found partially responsible, and their compensation could be reduced based on the degree of their contributory negligence.