Defenses

  • Read more: Can Negligent Providers of Medical Care Use the Patient’s Self-Destructive Behavior to Fend Off Liability?
    Article

    Can Negligent Providers of Medical Care Use the Patient’s Self-Destructive Behavior to Fend Off Liability?

    By Alex Stein The Colorado Supreme Court recently delivered an important decision on medical malpractice, P.W. v. Children’s Hospital Colorado, — P.3d —- (Colo. 2016), 2016 WL 297287. This decision denied a hospital the comparative negligence and assumption of risk defenses that purported to shift to the patient the duty to eliminate or reduce the risk…

  • Read more: The Timeline Approach to Medical Malpractice Defenses
    Article

    The Timeline Approach to Medical Malpractice Defenses

    By Alex Stein California’s Court of Appeal has recently delivered a first-impression decision on the conditions under which a patient’s own negligence can be asserted as a defense against medical malpractice allegations. Harb v. City of Bakersfield, — Cal.Rptr.3d —- (Cal.App. 5th Dist. 2015) 2015 WL 302291.  Among the materials cited by this decision was my…