Legal Articles, Defamation & Slander

If you've been hit by a car while walking, proving the driver's negligence is crucial. Negligence involves showing the driver failed to act with reasonable care, causing the accident and your injuries. Key steps include gathering evidence, obtaining police reports, and keeping medical records. A pedestrian accident lawyer can help build a strong case, negotiate with insurance companies, and represent you in court. Always seek medical help and legal advice promptly.

Physical therapy is often crucial for car accident recovery in St. Louis. Learn how it aids healing and why a skilled lawyer is essential to secure fair compensation for your ongoing treatment needs.

Learn what to do if an uninsured driver hits you in NY. From calling police to exploring legal options, this general guide can help you navigate the complexities and protect your rights after an accident.

Quick settlement offers after a car accident may seem tempting, but they often undervalue your claim. Learn the risks and how to protect your rights.

Being hit by an uninsured driver in St. Louis can be overwhelming. This guide outlines five crucial steps to protect your rights and ensure fair compensation, from documenting the accident to seeking legal help.

Minor car accidents can hide serious risks. From invisible damage to delayed injuries and legal issues, learn why even seemingly minor collisions deserve attention and how to protect yourself after a fender bender.

Missouri uses pure comparative fault in car accidents. Fault is assigned as a percentage to each party. You can recover damages even if partially at fault, but your compensation is reduced by your fault percentage.

Rideshare accidents in St. Louis pose unique challenges. Learn about insurance complexities, passenger rights, and crucial steps to take after an Uber or Lyft accident. Proper documentation and legal guidance are key to fair compensation.

The Lost Chance Doctrine in Medical Negligence Cases The lost chance doctrine is a legal theory that allows plaintiffs to recover damages in cases where a healthcare provider's negligence has decreased their chances of a better outcome, even if the negligence did not directly cause the harm. This doctrine has been recognized in various states, including Illinois, and has become an important tool for plaintiffs seeking compensation for medical malpractice. In Illinois, the lost chance doctrine was first recognized in the landmark case of Holton v. Memorial Hospital, where the Illinois Supreme Court held that a plaintiff could recover damages for the loss of a chance of a better outcome, even if the negligence did not directly cause the harm. In that case, the plaintiff alleged that the defendant hospital's delay in diagnosing her spinal cord compression caused by osteomyelitis (infection of the bone) had decreased her chances of not suffering paralysis. The court held that the plaintiff could recover damages for the lost chance of a better outcome. Since the Holton case, the lost chance doctrine has been applied in numerous cases in Illinois. In order to recover damages under the lost chance doctrine, a plaintiff must prove that the healthcare provider's negligence decreased their chances of a better outcome, and that the decreased chances were a substantial factor in causing harm. This can be a complex legal issue, as it requires a careful analysis of the evidence and expert testimony. One of the key benefits of the lost chance doctrine is that it allows plaintiffs to recover damages even in cases where the harm is uncertain or difficult to prove. For example, in cases of delayed diagnosis or misdiagnosis, it can be challenging to prove that the negligence directly caused the harm. The lost chance doctrine is not a separate cause of action but can be used as a powerful tool in medical negligence cases where it is applicable. Overall, the lost chance doctrine is an important legal concept for plaintiffs seeking compensation for medical malpractice in Illinois. It allows plaintiffs to recover damages for the loss of a chance of a better outcome. However, it is important for plaintiffs to consult with an experienced medical malpractice attorney to determine whether the lost chance doctrine applies to their case and to navigate the complex legal issues involved.

Medical Negligence Types of Damages By Hon. James M. McGing (ret.) Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm or injury to a patient. In Illinois, like in other states, victims of medical malpractice have the right to seek compensation for the damages they have suffered. These damages can be categorized into several types, each with its own considerations and legal principles. 1. Economic Damages: Economic damages refer to the financial losses incurred by the victim as a result of the medical malpractice. These damages are quantifiable and can be easily calculated. They include: - Medical expenses: This includes all the costs related to the victim's medical treatment, such as hospital bills, surgeries, medications, rehabilitation, and therapy. - Lost wages: If the victim is unable to work due to the injuries caused by medical malpractice, they may be entitled to compensation for the wages they have lost during their recovery period. - Future earning capacity: In cases where the victim's injuries result in long-term or permanent disability, they may be awarded damages to compensate for the loss of future earning capacity. - Cost of home modifications and assistive devices: If the victim requires modifications to their home or the use of assistive devices, such as wheelchairs or prosthetics, they may be entitled to compensation for these expenses.