Today is our topic of discussion Contributory negligence
Contributory negligence
Definition:
It is defined as concurrent negligence by the patient and the doctor/health care provider which results in delayed recovery or harm to the patient.
Importance:
In case of contributory negligence the patient loses his right in whole or in part to claim damage from the doctor/health care provider and it acts as a defence for the doctor against negligence only in civil cases but not in criminal cases.
Factors related with contributory negligence:
a. Failure to give the doctor accurate medical history.
b. Failure to cooperate with doctor in carrying out all reasonable & proper instructions.
c. Refusal to take the suggested treatment.
d. Leaving the hospital against the doctor’s advice.
e. Failure to seek further medical advice if symptoms persist.
Example of contributory negligence:
1. A pregnant woman delivered a child with spina bifida who failed to attend regular antenatal ultrasounds that would have identified the problem.
2. A patient admitted to the emergency room and failed to inform the doctor (by patient himself or relative) about a preexisting condition e.g. allergy to a drug. The patient is guilty of contributing to the negative outcome/damage of the treatment.
Corporate negligence
Definition:
It is defined as the negligence that arises in hospitals or nursing homes, where more than one individual at more than one level are responsible for the well being of the patient on the basis and terms of their service.
Responsibility:
The liability of negligence may goes to any or more of the following –
a. The treating doctor of the patient
b. The hospital hospital superintendent
c. Some other categories of the hospital staff, such as the caring nurse
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