An entity I'm somewhat affiliated with is facing legal action against it for wrongful death. Essentially, the accusation is related to the outcome of the provision of medical services of someone who had been injured by a weapon. The action is being brought by a parent. The plaintiff's spouse, the other parent, is the one who did it. Law enforcement hasn't pressed charges against the attacker due to a lack of proof of intent. Is there any way that the plaintiff's spouse's fault reduces the defendant's liability?
That should be researched by local counsel. State laws vary. Mo. may allow comparative fault reduction. It may allow comp reduction of certain elements of damage and not others. May be fact specific. If a dad accidently hit his son with a baseball when playing, and the boy had a broken nose, and then goes to hospital which gives him the wrong medication and he dies, I think comp fault is a stretch. If dad accidently shoots his son in a hunting accident, and son may not make it due to grievous injuries, and hospital screws up and he dies, better chance for comp fault. the analysis actually may not be comparative fault as much as it is an issue of causation. In 1st example, Dad's negligence didnt cause the death, the hospital's did. In 2d example, it may be dad caused the death, and hospital may not have been able to save the boy even w/o the screw up.
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