Know Indiana Medical Malpractice Law - Contributory Negligence & Indiana Medical Malpractice Claims
Indiana's Comparative Fault Act does not apply to medical malpractice actions against qualified health care providers. I.C. § 34-51-2-1(b)(1). Consequently, the common law principles of negligence apply to medical malpractice claims, and contributory negligence on the part of the plaintiff, if found, will bar the plaintiff’s recovery against a qualified health care provider. King v. Clark, 709 N.E.2d 1043, 1046 (Ind. Ct. App. 1999), transfer denied. For example, a plaintiff’s failure to follow a physician’s instructions or failure to give accurate information to the physician may constitute contributory negligence in a medical malpractice claim. Smith v. Hull, 659 N.E.2d 185, 191-92 (Ind. Ct. App. 1995), transfer denied. However, plaintiff’s conduct must go beyond a tiny percentage of fault in order for contributory negligence to bar plaintiff’s recovery. Plaintiff’s contributory negligence must unite simultaneously with the fault of the defendant(s) in being the legal cause of plaintiff’s injuries. Id. at 192.
