Durphy v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \The majority of courts appear to hold that contributory negligence for a patient's noncompliance with medical treatment decisions will bar recovery completely only if the patient's negligent acts are contemporaneous with the physician's negligent acts.\
• “[W]here the patient’s negligent act merely precedes that of the physician and provides the occasion for medical treatment, contributory negligence is not a permissible defense.” (internal quotation marks omitted)
• “In medical malpractice cases . . . contributory negligence is a valid defense if the patient’s negligent act concurs with that of the physician and creates an unreasonable risk of improper medical treatment.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).