Can I Still Sue My Doctor Even If I'm Partly at Fault?

There are some situations that arise where a patient feels that her doctor made a mistake that caused her harm and she wants to sue her doctor. But at the same time, she feels that she was partly to blame for her doctor's errors. If you are feeling like this, you may be wondering, "Can I still sue my doctor, even if I am partly at fault?" The answer is yes.

Let's use an example. Let's say you live in California and your doctor prescribed you with medication to which you are allergic without asking you if you were allergic to it. That might be negligence on the part of your doctor. However, if you knew you were allergic to the drug, and you knew the doctor prescribed you the drug, yet you failed to tell your doctor and you took the medication anyway, then you might be negligent as well. So if you take the medication and that results in harmful symptoms, who is to blame, you or your doctor? You could say you were both at fault.

Does this mean you cannot sue your doctor? You can sue your doctor, but your monetary recovery will be reduced because you were partly at fault. A jury might decide that your doctor was 60% at fault and that you were 40% at fault. If they determine that your overall harm totaled $100,000, then your doctor would owe you $60,000. You would be responsible for the other $40,000.

Lawyers call this principle comparative negligence because the jury must compare the extent of the negligence of the various parties and apportion liability accordingly. In California, comparative negligence is used in medical malpractice cases. Not all states use comparative negligence. Speak to a lawyer near you to learn more about the medical malpractice law in your state.

If you feel like your doctor made a mistake that has caused you harm, you need to speak to a lawyer who specializes in medical malpractice in your local area, and you need to do so immediately. You can find a qualified California medical malpractice lawyer by clicking the California link on the left side of your screen.