Comparative Negligence in Malpractice

Comparative negligence in Malpractice

It is the nature of man to be careless at times and that will cause several complication uncalled for. These things occur in our daily life and many might have come across this situation in our life. But when it becomes a serious issue, it is sued in Court and they are properly compensated as per the law. The law entitles the victim to claim for any compensation and if he or she wins, the defendant has to pay for it. But there are cases in which both the parties might be negligent. Under these circumstances, there is a concept in law called as comparative negligence. Comparative negligence is nothing but lowering the claims of plaintiff for his or her negligence too.

Consider the example in which one has been 80% negligent and the other 20%. Under these circumstances, the court entitles to pay the victim only 80% of the claim as he or she has also been negligent. This will be a respite for those who have been booked under malpractice. In medicine, the wrong procedure done by doctor is a negligent activity which may be due to the negligence of the patient also. Under these circumstances, the court reduces the claim amount to an extent that the patient has also been a part. This has occurred in many occasions in San Antonio. There have been such cases over the years and justice has been done to both the parties. In malpractice, if both have played a role, then the claim will be reduced accordingly.