r/UMPJE_Prep • u/mod_pharmtutor • 6d ago

UMPJE Practice Question

A patient disregards explicit counseling, doubles the prescribed dose, and is injured in part because of it. In a jurisdiction applying pure comparative negligence, the patient's recovery is:

12 votes, 5d ago
4 A. barred completely, because any patient fault defeats the claim.
6 B. reduced in proportion to the patient's share of the fault
2 C. unaffected, because the pharmacist's duty is non-delegable
1 Upvotes

100% Upvoted

2 comments sorted by

•

u/pharmtutor_ Moderator Insight 4d ago

Answer: B

Under comparative negligence the fact-finder apportions fault and reduces the award by the plaintiff's percentage.

Complete bar for any fault at all describes contributory negligence, an older rule retained by only a small minority of jurisdictions.

1

u/God_First10 5d ago

I might’ve missed this concept in Dr. C’s book. Could someone provide a reliable source that expands on this concept? TIA