This case was tried in Michigan, which follows the modified comparative negligence (“51%”) rule. Here, the jury found the defendant 60% at fault and the plaintiff 40% percent at fault and reduced the award accordingly. Because the jury found the plaintiff less than 51% responsible, he was able to maintain his claim and recover 60% of the damages.
Contributory negligence is an older defense that operates as a complete bar to recovery if the plaintiff contributed to the incident in any way. Only a handful of states still follow strict contributory negligence law.
In summary, take oral lesions seriously. If you encounter a patient with such a lesion, establish a clear plan to refer the patient or to monitor the lesion carefully. A definitive diagnosis is required for any persistent lesion. Explain to the patient that the lesion must be properly evaluated to be sure it is not serious. As primary care providers, we are responsible for oral lesions. —DML
References
1. Gonsalves WC, Chi AC, Neville BW. Common oral lesions: part II—masses and neoplasia. Am Fam Phys. 2007;75(4):509-512.
2. Jemal A, Murray T, Ward E, et al. Cancer statistics, 2005 [published correction appears in CA Cancer J Clin. 2005;55:259]. CA Cancer J Clin. 2005;55:10-30.
3. Weinberg MA, Estefan DJ. Assessing oral malignancies. Am Fam Phys. 2002;65:1379-84.