Section 20 Role of Comparative Fault
| Library | Damages 2012 |
The comparative fault concept set forth in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), is applicable in loss of chance cases. The patient’s actions contributing to the patient’s condition, such as failure to adhere to physicians’ orders, obtain follow-up care, or inform physicians of potential problems, can justify a comparison of fault...
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