The jury assigns percentages of fault to the health care personnel and to the patient under A. assumption of risk. B. vicarious liability. C. contributory negligence. D. comparative negligence.
In states that recognize contributory negligence as a defense, it’s a complete barrier to someone recovering money from a case. Many states, however, now use comparative negligence. Under comparative negligence, the jury assigns percentages of fault to the healthcare personnel and to the patient
