Medical malpractice cases in Louisiana are already difficult to win due to strict laws and procedural hurdles. However, one factor that often complicates these cases even further is Louisiana’s comparative fault rule. Under this legal principle, a patient’s own actions—or perceived negligence—can reduce the compensation they receive or even prevent them from winning their case.
If you’re pursuing a medical malpractice claim in Louisiana, understanding how comparative fault works and how it may affect your case is crucial.
What Is Comparative Fault in Louisiana?
Louisiana follows a pure comparative fault system, meaning that if an injured party (the patient) is found partially responsible for their injury, their compensation will be reduced by their percentage of fault.
For example, if a court finds that a patient is 30% at fault for their injury, their total compensation will be reduced by 30%. So, if the total damages were $500,000, the patient would only receive $350,000 after the reduction.
While comparative fault is often applied in personal injury cases like car accidents, it also plays a significant role in medical malpractice lawsuits—frequently benefiting doctors and hospitals rather than patients.
How Does Comparative Fault Affect Medical Malpractice Cases?
In medical malpractice cases, healthcare providers and their defense teams frequently use comparative fault as a strategy to minimize liability. They may argue that the patient contributed to their own injury in one or more of the following ways:
1. Failure to Follow Medical Advice
If a patient doesn’t follow their doctor’s instructions—such as taking prescribed medications, attending follow-up appointments, or following post-surgical care guidelines—the defense may argue that their non-compliance contributed to their injury.
Defense attorneys may argue that a patient waited too long to seek treatment, worsening their condition. If the patient’s delay in care contributed to the harm they suffered, their compensation could be reduced.
3. Providing Incomplete or Incorrect Medical History
If a patient fails to disclose important health information—such as pre-existing conditions, allergies, or past surgeries—the defense may claim that inaccurate details contributed to the doctor’s inability to provide proper treatment.
4. Engaging in Risky Behavior
In some cases, defense attorneys may try to shift blame by focusing on the patient’s lifestyle choices. If a patient engaged in activities that may have worsened their condition—such as smoking, drinking, or ignoring previous health warnings—the defense can argue comparative fault.
Why Comparative Fault Makes Medical Malpractice Cases Harder to Prove
Louisiana already has strict medical malpractice laws, but comparative fault adds another layer of complexity for victims. Here’s why:
- It Shifts the Burden Onto the Patient – Instead of solely proving that the doctor was negligent, the patient must also defend their own actions to avoid a reduction in compensation.
- It Creates a Gray Area in Liability – In many cases, medical treatment involves multiple factors, making it easier for the defense to argue that the patient shares some responsibility.
- It Can Reduce or Eliminate Compensation – Even if malpractice is proven, a high percentage of fault placed on the patient can significantly lower their financial recovery.
How to Fight Back Against Comparative Fault Claims
If you’re pursuing a medical malpractice claim, working with an experienced medical malpractice attorney in Louisiana is crucial. A skilled lawyer can:
- Gather strong medical evidence to prove the doctor’s negligence was the primary cause of harm.
- Consult expert witnesses to counteract claims of patient fault.
- Demonstrate that the patient followed medical instructions as closely as possible.
- Challenge exaggerated claims of comparative fault made by the defense.
If you’ve been injured due to medical negligence, don’t let the fear of comparative fault stop you from pursuing your case. Even if you are found partially responsible, you may still be entitled to significant compensation.
Contact the legal team at MGM Injury Attorneys today to discuss your case and fight for the justice you deserve.
