Chapter 4.D.3--Contributory Fault

A patient who suffered brain damage from a negligent medical mistake during treatment for a car accident caused by the patient's own alcohol consumption is not contributorily at fault, according to Mercer v. Vanderbilt Univ., ___ S.E.2d ___ (2004).  Nor may a contributory fault defense be raised when a patient was alleged to have taken excessive medication and delayed in seeking treatment, since these actions also occurred prior to seeing the particular emergency room physician who was sued.  Cavens v. Zaberdac, Ind., No. 45S03-0505-CV-239, 6/22/06.

Relating to Good Samaritan defenses, see Paul A. Hattis, Overcoming barriers to physician volunteerism: summary of state laws providing reduced malpractice liability exposure for clinician volunteers, 2004 U. Ill. L. Rev. 167.

Regarding the standard of care issue in Schenider v. Rivici, see J. Brad Kallmyer, A Chimera in Every Sense: Standard of Care for Physicians Practicing Complementary and Alternative Medicine, 2 Ind. Health L. Rev. 225 (2005).

Chapter 4.D.4  -- Arbitration

An arbitration clause in a nursing home admissions form is enforceable, despite the lack of any real option over whether to sign it, but a limitation of liability was not, according to Vicksburg Partners v. Stephens, ___ (Miss.  2005).

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