17 Sep 2024
Assumption of the Risk and Contributory Negligence Defenses in Medical Malpractice Cases
Review this practice note—adapted from the Matthew Bender & Company, Inc. treatise Louisell and Williams, Medical Malpractice—for a discussion of the elements of and considerations regarding the assumption of the risk and contributory negligence defenses in medical malpractice actions. Get up to speed on both express and implied assumption of the risk defenses. Drill down on the concept of contributory negligence with analyses of the avoidable consequences rule and the particularly susceptible victim doctrine, as well as plaintiff's failure to follow medical advice, give an accurate medical history, or timely seek treatment.
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