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Forensic Medicine · Medical law: contributory negligence
Sample itemA patient with a leg in plaster ignores the surgeon's repeated advice to avoid weight-bearing, walks on it, and has displacement of the fracture. In a suit, which defence may reduce the surgeon's liability?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
C. Contributory negligence of the patient
Contributory negligence means the plaintiff's own failure to take reasonable care contributed to the harm, so the damages are reduced in proportion to his share of the fault. Here the patient disregarded clear advice. The doctor should document the advice given and the patient's non-compliance.
Option by option
A. Vicarious liability
Vicarious liability concerns responsibility for another person's acts.
B. Res ipsa loquitur
Res ipsa loquitur supports the plaintiff, since the thing speaks for itself.
C. Contributory negligence of the patient (correct)
Correct. The patient's disregard of advice shares the blame and reduces damages.
D. Therapeutic privilege
Therapeutic privilege means withholding information thought to harm the patient.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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