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Full-Text Articles in Law
Abstracts Of Recent Cases, Robert William Burk Jr.
Abstracts Of Recent Cases, Robert William Burk Jr.
West Virginia Law Review
No abstract provided.
Contibutory Negligence In Medical Malpractice, W. David Alderson
Contibutory Negligence In Medical Malpractice, W. David Alderson
Cleveland State Law Review
Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …