If a doctor or other medical professional makes a mistake, they may be charged with medical malpractice. The same applies to any medical facility or organization. Medical malpractice is a form of personal injury. In DuPage County, a medical malpractice lawyer is restricted in his or her action against the negligent party or parties under Illinois law through something that is called modified comparative negligence (735 ILCS 5/2-1116).
Comparative Negligence: A Liability Issue
If you live in DuPage County in Illinois, your action will be affected by something that is called modified comparative negligence. In personal injury cases, negligence is not doing something that a reasonable person would do or doing something that a reasonable person would not do. In Illinois, straight negligence does not apply. The legal system follows something called modified comparative negligence.
Modified comparative negligence looks at both the defendant and the plaintiff in terms of their contribution to the outcome. In other words, if you are the plaintiff in such a case, your medical malpractice lawyer must take strong action to prove you are not culpable for your condition. Under the law, he or she must prove that the defendant or defendants are more than 50% responsible for the result of their actions. If the defendant’s lawyer or lawyers can prove you are responsible for more than 50% of the injuries resulting from their clients’ actions, they will bar your claim.
Under modified comparative negligence, if you are found to be less than 50% responsible for your medical condition, your medical malpractice lawyer can proceed with his or her action. However, the proportion of money you can expect to see will diminish in accordance to the proportion of fault you are said to have for the injuries. For example, if the facts indicate your doctor is 75% at fault and you are found to be 25% at fault, the amount of compensation you will be able to collect in damages can be only up to 75% of the total.
Other Liability Issues
This is not the only issue your medical malpractice lawyer understands. The lawyers, at Woodruff Johnson & Palermo, for example, will explain to you the different types of damages: general and special, that may be awarded. They are also fully aware of the extent of any medical malpractice action. Not only is it possible to sue more than one individual. If your lawyer knows there is more than one negligent party e.g. the physician and the hospital, you can take action seeking recovery from any of the defendants.
Why Consult a Medical Malpractice Lawyer?
The legal issues surrounding a medical malpractice lawsuit in DuPage County, Illinois can be quite complex. They may also demand an in depth and factual inquiry. This stresses the importance for you to consult a skilled and experienced medical malpractice lawyer such as those at Woodruff Johnson & Palermo as quickly as possible.
