A patient who was transported by EMS for a laceration on her arm is suing the service and the hospital because her laceration became infected, resulting in loss of the extremity. However, it becomes known that the patient was appropriately treated by EMS and the emergency department, but failed to seek follow-up medical care at a health clinic and did not take the antibiotics that were prescribed to her. Which one of the following would most likely be used by the medical community as a defense in this case?

Question

Quizplus · Accepted Answer

Contributory negligence is a legal defense that suggests the plaintiff's own actions contributed to their injury or harm. In this case, the patient's failure to seek follow-up care and take prescribed antibiotics may be seen as contributory negligence, and may lessen the responsibility of the EMS service and hospital for the patient's subsequent infection and loss of extremity. Options A, B, and D are not applicable in this scenario.

A Patient Who Was Transported by EMS for a Laceration