In a medical malpractice trial, contributory negligence isn’t just a defense tactic — it’s a multi-faceted tool that could change the outcome of your case.
In our experience, the strategic use of contributory negligence-related evidence can have a far greater impact than merely serving as a shield. It can also erode the foundation of a plaintiff’s claims.
Take, for example, our recent trial where we successfully employed this strategy. The case involved a patient who was allegedly negligently discharged with a severe infection, leading to serious complications. The trial was intense, with expert testimony spanning two weeks. The jury ultimately found that the plaintiff failed to prove causation. What ultimately swayed the jury on this issue wasn’t the experts or the treaters; it was our presentation of contributory negligence-related evidence — even though a contributory negligence question did not end up on the verdict sheet.
Why? Because the contributory negligence evidence undermined the plaintiff’s entire narrative. When the jurors heard evidence suggesting that the plaintiff might have contributed to her own harm, it planted seeds of doubt in their minds about the plaintiff’s entire case. The jury ultimately took the contributory negligence evidence and used it to conclude that the plaintiff had failed to prove causation at all.
Presenting contributory negligence evidence is a strategic move that, when done carefully and effectively, can shift the jury’s focus and create additional hurdles for the plaintiff in their own case. Even if the jury doesn’t reach contributory negligence as an affirmative defense, the evidence can still play a pivotal role in the jury’s overall perception of the case.
If you need assistance with a legal matter, Waranch & Brown and our experienced attorneys are here to help.