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Hodges & Foty, LLP > Medication Error  > What Is the Contributory Negligence Theory, and How Can it Affect Your Medication Error Case?

What Is the Contributory Negligence Theory, and How Can it Affect Your Medication Error Case?

Legally reviewed by David W.Hodges and Don J. Foty

capsulesWhen dealing with a medication error, the consequences can be severe and long-lasting. In such cases, understanding the contributory negligence theory is critical, as it can affect your ability to recover compensation. Contributory negligence occurs when the injured party is found to have contributed to their own harm, even if the majority of the fault lies with another party. In medication error cases, this could mean that your actions—such as failing to follow prescription instructions—might impact your ability to pursue legal action. 

At Hodges & Foty, LLP, we are committed to helping individuals harmed by medication errors navigate these complex legal challenges. Our experienced attorneys understand how contributory negligence can affect your case and will work to ensure that you are not unfairly blamed for the error. If you or a loved one has suffered from a medication error, contact us at (713) 523-0001 or use our contact form to schedule a free consultation today.

How Can the Contributory Negligence Theory Affect Your Medication Error Case?

The contributory negligence theory can significantly impact your medication error case by limiting or even eliminating your ability to recover compensation if you are found to be partially at fault. In contributory negligence cases, if the injured party is found to have contributed in any way to the harm, even minimally, they may be barred from receiving any compensation. For example, if you failed to follow prescription instructions or neglected to inform your healthcare provider of an allergy or pre-existing condition, a court might determine that you share responsibility for the medication error.

This harsh standard means that even a small amount of fault on your part can prevent you from holding the pharmacy, healthcare provider, or other parties accountable. Working with an experienced attorney is essential to ensure your case is thoroughly reviewed and that any potential contributory negligence arguments are addressed effectively to protect your rights.

Why It Is Important to Hire a Medical Malpractice Attorney for Your Medication Error Case

Hiring a medical malpractice attorney is crucial in a medication error case, especially when complex legal theories like contributory negligence may impact the outcome. An attorney with experience in medical malpractice understands the intricacies of these cases and can help build a strong legal strategy to protect your interests. Attorneys David Hodges and Don Foty are board certified in personal injury and medical malpractice law, an elite distinction shared by less than 3% of Texas lawyers. That makes them uniquely qualified to help you by evaluating the specific details of your case, determining liability, and ensuring that you are not unfairly blamed for the error.

Moreover, a medical malpractice attorney will handle the legal complexities, allowing you to focus on your recovery. The attorneys at Hodges & Foty, LLP will guide you through the entire legal process, from gathering the necessary documentation to representing you in any proceedings. Having a trusted, board certified legal team by your side ensures that your rights are protected, and that those responsible for the medication error are held accountable under the law.

Schedule Your Free Consultation With the Team at Hodges & Foty, LLP Today

If you have been harmed due to a medication error, seeking legal assistance is essential to protect your rights and hold those responsible accountable. At Hodges & Foty, LLP, our attorneys have decades of combined experience handling complex medical malpractice cases. We understand how contributory negligence and other legal defenses may affect your case, and we are committed to pursuing justice on your behalf. With a reputation for providing personalized and effective legal representation, we stand ready to support you through every step of the process.

By working with Hodges & Foty, LLP, you can focus on your recovery while we manage the legal details of your case. Our team will work tirelessly to ensure you receive the representation you deserve. Contact us today at (713) 523-0001 or fill out our contact form to schedule a free consultation.

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