Final answer:
In cases of malpractice, when damages are allocated based on the percentage of fault of the respective parties, it is known as Comparative negligence.
Step-by-step explanation:
When an award for malpractice is determined by the percentage of fault of the respective parties, this is known as Comparative negligence. This legal doctrine allows for the allocation of fault to each party involved in an incident leading to legal action. Unlike contributory negligence, which can bar a plaintiff from recovering damages if they are found to be even slightly at fault, comparative negligence allows for damages to be awarded in proportion to the degree of fault. This means that if a plaintiff is found to be 30% responsible for their own injuries, their awarded damages would be reduced by that same 30%.