Jack injures his ankle and is taken to a hospital.Airi,a doctor,applies a cast to Jack's injured ankle.Airi warns Jack not to exert pressure on his injured leg until the cast is removed.Jack ignores Airi's advice and injures his leg again when playing basketball while still having the cast.Jack files a malpractice suit against Airi claiming that she did not set the cast properly.Which of the following defenses is Airi most likely to use in this scenario?

Question

Quizplus · Accepted Answer

In this scenario, Airi is most likely to use contributory negligence as a defense. As Jack's own fault contributed to his injury, Airi can use the defense of contributory negligence. As originally applied, the contributory negligence defense absolutely barred a plaintiff from recovery if the plaintiff's own fault contributed to the injury in any degree, however slight.

Jack Injures His Ankle and Is Taken to a Hospital