What is the difference between contributory negligence and comparative negligence?

Contributory negligence and comparative negligence are two types of laws used in New Jersey medical malpractice law. Although they are similar, they are used in very different ways and have distinct differences. Contributory negligence means that if someone is found to be at fault in a medical malpractice case, no matter how small their role was in the situation, they may be barred from recovering any damages for their injuries. If any negligence or fault on the part of the injured party contributes to their injuries, they cannot receive any compensation for their damages. Comparative negligence, on the other hand, is a law that assigns percentages of fault to all the parties involved in a medical malpractice case. All the fault is compared to the total fault of everyone involved and the injured party receives compensation based on the percentage of fault they had in the situation. For example, if the injured party was found to be 40% at fault and the doctor was found to be 60% at fault in causing the injury, the injured party would receive 60% of the damages. In conclusion, while contributory negligence and comparative negligence are both used in New Jersey medical malpractice law, they affect the outcome of those cases in very different ways. Contributory negligence means the injured party is barred from receiving any damages, while comparative negligence means that the parties involved are assigned percentages of fault and the injured party can receive compensation for their damages based on this percentage.

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