Contributory negligence

The doctrine of contributory negligence evolved from 19th century economic legal policy seeking to protect America's fledgling industries from liability for injuries resulting from their activities. These policies resulted in an anti-claimant environment that made it difficult for any plaintiff, including malpractice plaintiffs, to recover for their injuries. Since the onset of the 20th century, courts, spurred by state and federal legislative acts, have become more even-handed, and contributory negligence has become a limited defense in malpractice cases. This article defines some of the situations where courts have found that patient's actions have barred plaintiff recovery because of contributory negligence and offers the limited prediction that contributory negligence may be on the verge of once again becoming a major malpractice defense.