How shared liability works in medical malpractice cases
If you’re injured as a result of negligence on the part of a medical professional, it’s important for you to understand how medical malpractice cases work in California.
In cases in which more than one party was negligent, the legal concept of joint and several liability may determine who pays and how much they pay when more than one party is found liable in a malpractice lawsuit.
Joint liability is liability that is shared by two or more defendants; for two or more defendants to be found jointly liable for medical malpractice, they had to have acted in concert to cause the injury. A lawsuit can be filed against all the liable parties, and a full judgement against them for economic damages may be obtained.
Several liability, on the other hand, occurs when two or more separate, unrelated negligent actions caused harm to the plaintiff. He or she can bring a separate lawsuit against one defendant without joining the other potentially liable parties.
California has adopted a modified version of the legal concept of joint and several liability. California law states that multiple parties may be jointly responsible for the entire amount of the economic damage, such as medical bills, lost wages, and future medical expenses, but are only severally (or separately) responsible for a plaintiff’s non-economic damages in proportion to their percentage of liability.
In some cases of malpractice, the defendant claims that the plaintiff is partially liable for causing their own injuries. This is referred to as “shared liability”.
Reasons you may be liable
If a medical professional can demonstrate that negligence on your part played a role in causing your injuries, that would reduce or could even eliminate your monetary compensation. Some reasons that may result in shared liability for your injuries include:
- Not adhering to medical treatment as per doctor’s orders
- Failing to return for follow-up appointments
- Failing to disclose key factors of your medical history
- Mixing prescriptions vs. doctor’s orders
California follows a “pure comparative negligence rule” which means that, if you are found to bear a percentage of liability with respect to your illness, injury, or medical condition, the monetary damages awarded to you are diminished in proportion to your liability.
Due to the inherent complexity of medical malpractice cases, if you feel that you have a claim for medical malpractice, you should be working with an attorney who is experienced and knowledgeable when it comes to the California laws that govern medical malpractice.
Finding the right attorney for your case
If you have been injured as a result of negligence on the part of a healthcare professional, you are dealing with very stressful, even life-changing issues. It is so important to find a medical malpractice attorney who can focus on the legal aspects while you focus on getting better. An experienced malpractice attorney will be able to deal with the various issues of liability in cases involving medical negligence.
It is the job of your attorney to obtain a financial award, whether it’s the result of a negotiated settlement or judgement rendered by a jury at the end of trial, the amount being financially advantageous for you.
Scott S. Harris, medical malpractice attorney in San Diego, has more than 30 years of litigation, helping clients secure the financial assistance they need to recover.