Because Relationships Matter 
In New York medical malpractice cases, the legal concept of comparative negligence can affect how much compensation an injured patient receives. Comparative negligence applies when both the healthcare provider and the patient share some responsibility for the injury or outcome. Understanding how this rule works is critical for anyone pursuing a malpractice claim in Westchester County. A knowledgeable Westchester County medical malpractice lawyer can help you navigate this complex legal landscape and advocate for the maximum compensation you deserve.
New York’s Pure Comparative Negligence Rule
Comparative negligence means that more than one party may be legally responsible for an injury. In medical malpractice cases, this rule allows the court to assign a percentage of fault to both the doctor (or other medical provider) and the patient. New York follows the pure comparative negligence model. This means a patient can still recover damages even if they are mostly at fault for their injuries—as much as 99%. However, the total award is reduced by the patient’s percentage of fault. For example, if a patient ignores medical advice or fails to follow post-treatment instructions, a court may find the patient partially at fault for their injuries. If a jury determines that a patient is 20% responsible and the doctor is 80% responsible, the patient’s total compensation will be reduced by 20%. This rule differs from some other states, which bar recovery if the patient is more than 50% at fault.
How Comparative Negligence Can Impact Medical Malpractice Claims
Comparative negligence often becomes a key point of contention in medical malpractice cases. Doctors, hospitals, and their insurers may argue that the patient’s own actions contributed to the injury, in order to reduce the payout. Common examples include:
- Failure to disclose medical history: If a patient withholds key information, such as allergies or preexisting conditions, it can complicate treatment.
- Ignoring follow-up care: Skipping appointments or failing to take prescribed medication may worsen the outcome.
- Delaying treatment: Waiting too long to seek care after noticing symptoms may increase the severity of the condition.
How to Ensure Liability Falls on the Healthcare Provider
To ensure the majority of liability falls on the healthcare provider, it is essential to build a strong, evidence-backed case. This includes:
- Detailed medical records: These can show whether proper procedures were followed or ignored.
- Expert testimony: Medical experts can clarify how the provider deviated from the accepted standard of care.
- Clear documentation of patient compliance: Showing that you followed instructions, took medications, and attended follow-ups helps dispute claims of shared fault.
By focusing on these elements, your case can demonstrate that the provider’s negligence was the primary cause of your injuries.
How a Lawyer Can Help Me
A medical malpractice lawyer in New York can guide you through the complexities of comparative negligence. An attorney will:
- Investigate your case and determine if comparative negligence may apply
- Collect evidence and expert opinions to prove provider negligence
- Defend against claims that you were partially responsible
- Maximize your compensation despite with detailed documentation of your losses
- File your case within New York’s statute of limitations
Having experienced legal counsel ensures that your rights are protected significantly increases your chance at fair compensation.
Speak to a Lawyer Today
If you believe you were harmed by medical negligence—even if you may share some blame—arrange a free consultation with our skilled White Plains Medical Malpractice Lawyer. Call (914) 993-0393 or send us a message online.