[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"http:\/\/pkblawfirm.com\/blog\/patient-fault-in-florida-medical-malpractice-cases\/#BlogPosting","mainEntityOfPage":"http:\/\/pkblawfirm.com\/blog\/patient-fault-in-florida-medical-malpractice-cases\/","headline":"Patient Fault in Florida Medical Malpractice Cases","name":"Patient Fault in Florida Medical Malpractice Cases","description":"It is normal for injured patients, or even the families of patients who have died, to question their own actions and role in causing a bad outcome. And indeed, Florida law, like the law of the vast majority of states, allows the conduct of the patient or injured individual to be considered by the jury, […]","datePublished":"2024-06-04","dateModified":"2025-02-20","author":{"@type":"Person","@id":"http:\/\/pkblawfirm.com\/blog\/author\/olivia-kronenberg\/#Person","name":"Oliva Kronenberg","url":"http:\/\/pkblawfirm.com\/blog\/author\/olivia-kronenberg\/","identifier":33,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e8110e1ed46e7cf9196d14af8119fc49fbc4dbae40ee3706d145c6e58f43152e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e8110e1ed46e7cf9196d14af8119fc49fbc4dbae40ee3706d145c6e58f43152e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Paul Knopf Bigger","logo":{"@type":"ImageObject","@id":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2023\/06\/Logo_PKB-2.svg","url":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2023\/06\/Logo_PKB-2.svg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2024\/06\/Patient-Fault-in-Florida-Medical-Malpractice-Cases.jpg","url":"http:\/\/pkblawfirm.com\/wp-content\/uploads\/2024\/06\/Patient-Fault-in-Florida-Medical-Malpractice-Cases.jpg","height":720,"width":1280},"url":"http:\/\/pkblawfirm.com\/blog\/patient-fault-in-florida-medical-malpractice-cases\/","about":["Medical Malpractice"],"wordCount":639,"keywords":["Medical Malpractice","Patient Fault"],"articleBody":"It is normal for injured patients, or even the families of patients who have died, to question their own actions and role in causing a bad outcome. And indeed, Florida law, like the law of the vast majority of states, allows the conduct of the patient or injured individual to be considered by the jury, alongside the conduct of the at-fault party, this is known as patient fault. However, what patients or their families may feel \u201cguilty\u201d about, and what actually constitutes negligence on the part of a patient in a medical malpractice case, are two very different things.The Patient-Physician RelationshipThe most common issue I hear patients feel \u201cguilty\u201d about is their selection of the doctor or hospital. After a bad outcome, the patient will research the doctor or the hospital, and find bad reviews, or disciplinary complaints, or negative news stories. They feel like they should have done more research before selecting their doctor or hospital, and blame themselves for the bad outcome.The physician-patient relationship has responsibilities on both parties. While the physician has a responsibility to treat the patient \u201cwithin the standard of care,\u201d the patient has a role to play, as well. The patient\u2019s responsibility is to be honest with their doctor, to come to scheduled appointments, and to follow instructions\u2014to act as a reasonable person would, under the circumstances. The patient does not have a responsibility to question the credentials of the provider, particularly when the provider holds themselves out as competent and capable. This is also true in hospital settings, where patients have very little say over which providers will be assigned to their care.Determining if the Patient is at FaultWhether a patient bears fault, and what percentage of fault should be shared between the patient and the health care providers involved in their care, is a jury question. Under long-standing case law, fault cannot be apportioned to a patient for the medical condition that occasioned the medical care in the first place.For instance, Jack and Jill, a married couple, are dancing on a slippery pool deck after a couple glasses of wine. Jill slips and breaks her hip. She goes to the hospital, and a brilliant surgeon is able to repair the hip. Unfortunately, after the surgery, nurses fail to follow the surgeon\u2019s instructions, and don\u2019t administer the anticoagulant medication that is supposed to help reduce the risk of post-operative blood clots.Jill develops a blood clot in her legs, that travels up to her lungs, and she dies of a pulmonary embolism. In a lawsuit against the hospital alleging that its nurses failed to follow the doctor\u2019s orders resulting in Jill\u2019s death, the hospital cannot apportion fault to Jill for goofing off on the slippery pool deck. They cannot blame the patient for the reason she needed medical care in the first place.Were the Patient’s Actions Unreasonable?Even where a patient failed to follow instructions, or wasn\u2019t completely truthful with the provider, or skipped an appointment, the defendants will still need to prove that the patient\u2019s actions were unreasonable under the circumstances, and that there is a link between the patient\u2019s \u201cnegligence\u201d and their injury. The patient\u2019s failure to attend an appointment, failure to follow some specific instruction, or failure to disclose some piece of information,\u00a0 may have had absolutely no connection to the patient\u2019s injury.Ultimately, if you feel that negligence caused or contributed to your injury or the death of a loved one\u2014even if you feel guilty about some aspect of the care, or if you feel that you were partially at fault\u2014you should contact an experienced medical malpractice attorney at Paul | Knopf | Bigger to give you advice.Sources:Florida Statutes on Medical MalpracticeContribution from Olivia T. Kronenberg"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"http:\/\/pkblawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Patient Fault in Florida Medical Malpractice Cases","item":"http:\/\/pkblawfirm.com\/blog\/patient-fault-in-florida-medical-malpractice-cases\/#breadcrumbitem"}]}]