Understanding Missouri’s Comparative Fault Rule in Medical Malpractice Cases

When pursuing a medical malpractice case in Missouri, understanding the state’s comparative fault rule is crucial. This legal doctrine can significantly impact the outcome of your claim and the compensation you may receive.

Under Missouri law, the comparative fault rule means that if you are partially responsible for your injury, your compensation may be reduced proportionately to your level of fault. For example, if a jury finds that you were 30% responsible for your injury and the total damages amount to $100,000, you would receive $70,000 instead of the full amount.

Missouri follows a "modified comparative fault" standard, often referred to as the "51% rule." This means that a plaintiff can only recover damages if they are found to be less than 51% at fault. If you are determined to be 51% or more responsible for your injuries, you will not be able to collect any compensation from the other party.

In the context of medical malpractice, several factors can lead to a finding of comparative fault. For instance, if a patient fails to follow a doctor's prescribed treatment plan, this can be viewed as a contributing factor to their injury. Additionally, if a patient had a pre-existing condition that worsened due to alleged malpractice, this might also influence fault determinations.

It is essential for plaintiffs to gather and present compelling evidence to strengthen their claims. Medical records, expert testimonies, and witness statements can all play vital roles in establishing the extent of the medical professional's negligence compared to the patient's fault.

Understanding how the comparative fault rule works can equip potential plaintiffs with the knowledge needed for their case. Consulting with an experienced medical malpractice attorney is vital for navigating these complex legal waters. An attorney can help thoroughly evaluate the circumstances of your case, determine your potential percentage of fault, and strategize the best approach for maximizing your compensation.

In conclusion, Missouri’s comparative fault rule has significant implications for medical malpractice cases. Knowing its intricacies, including the 51% threshold and how to gather relevant evidence, can make a critical difference in the success of your claim.