Tortfeasor Can Reduce Non-Economic Damage Liability by Proving Contributing Medical Negligence of Treater of Injury

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Tortfeasor Can Reduce Non-Economic Damage Liability by Proving Contributing Medical Negligence of Treater of Injury

The Second District Court of Appeal, in Henry v. Superior Court, B200690 (Feb. 25, 2008) granted a writ of mandate, finding that the original tortfeasor in a personal injury action is entitled to reduce exposure to non-economic damages by proving that treating medical professionals share fault for the aggravated injuries suffered by plaintiff.