Contributory Negligence in Maryland Medical Malpractice

Maryland is among a small minority of states with a strict interpretation of contributory negligence in personal injury and medical malpractice cases. If the court finds that the injured party had any responsibility for the bad outcome —even one percent— it can deny the compensation claim.

If the insurance agents for the medical facility or physician in a medical malpractice lawsuit can show that some action or failure to act on your part contributed to your injury, they have a chance to walk away scot-free, even if there is evidence that negligence on the part of the healthcare professional constitutes malpractice.

Examples of contributory patient negligence include:

  • Unreasonable delay in seeking treatment
  • Withholding medical information from the doctor
  • Providing false medical information
  • Failure to report complications in a timely manner
  • Failure to follow medical instructions after treatment

Medical malpractice lawsuits are challenging. In Maryland, the legal team representing the plaintiff may try to shift the blame from the doctor to you. This is why it is important to have a trustworthy, experienced law firm working to protect your rights.

LeViness, Tolzman & Hamilton, P.A. has been successfully helping clients injured because of medical malpractice win their cases and get the compensation they are entitled to receive since the 1980s. We use our in-depth understanding of the law, professional investigative techniques, and expert witness testimony to build solid cases. And we have plenty of experience dealing with the aggressive tactics of medical liability insurance companies. Contact our Maryland malpractice lawyers if you have been injured by contributory negligence or other types of malpractice.