How Contributory Negligence Affects Medical Malpractice Claims in North Carolina

What is Contributory Negligence?

North Carolina is one of the few states that follows the strict doctrine of contributory negligence. This means if the patient is found to be even 1% at fault for their injury, they may be barred from receiving any compensation.

Key Considerations for Contributory Negligence

1. Strict Standard: Unlike comparative negligence, which reduces compensation based on fault percentage, contributory negligence completely eliminates recovery if the patient contributed to their harm in any way.

2. Common Defenses: Healthcare providers may argue that the patient:

   • Failed to follow medical advice.
   • Delayed seeking treatment.
   • Withheld important medical information.

3. Last Clear Chance Doctrine: There is an exception—if the healthcare provider had the “last clear chance” to prevent the injury, the patient may still recover damages.

Why It Matters: Contributory negligence makes it essential to build a solid case and work with experienced attorneys to counter this defense.