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October 2017 Archives

What is 'cause-in-fact' in Illinois personal injury?

The last few weeks, this space has been covering various elements of Illinois negligence cases, as these are the kinds of cases that are most often seen in the context of personal injury. We've covered the basic structure of negligence cases, and the concepts of legal duty and breach thereof. We also touched on the idea of 'reasonable person' in the context of medical malpractice. The next major part of building a personal injury case based on negligence is causation.

Medical malpractice requires determining 'reasonable care'

The state of Illinois is home to some of the best medical professionals in the country, if not the world. These doctors, nurses, and other healthcare workers, for the most part, do a wonderful job saving lives and caring for the sick and injured throughout the state. Unfortunately, however, no matter how well-trained and dedicated, medical professionals are human, and, as such, are susceptible to making errors, for a variety of reasons. When this occurs, an individual who expected to be taken care of and regain their health may end up suffering further injury and require more treatment or have to deal with permanent degradation of health.

Unsanitary hospitals put patients' lives at risk

Sometimes the simplest precautions can be the most important in preventing injury or illness. Wearing a safety belt in a car, putting on sunscreen and eating your vegetables are small acts that can save you from suffering a devastating injury or illness. You may include washing your hands on that list, and you would be right to do so. Unfortunately, even hospitals don't always follow this simple rule of hygiene.

What is duty and breach in an Illinois industrial accident?

We have briefly explored the basics of the concept of negligence in the context of accidents involving motor vehicles. However, the theory of negligence can be used in Illinois in cases above and beyond car wrecks. In the context of an injury related to an industrial accident, for instance, it is quite possible that someone not following the rules, or an employer not being responsible for worker safety in some manner, has led to the situation in which a worker finds themselves seriously injured. In such cases, receiving compensation for their injuries may require a victim to show that the other party had a duty to the victim, breached that duty, and that the breach was both the direct and foreseeable cause of the damage that occurred to the victim.

What is the 'Jones Act' in Illinois maritime injury cases?

The history of the United States is inextricably intertwined with the sea. From the earliest days, the country depended on ships and those who operate them, both for security and the economic advantage that comes from the ability to ship goods over large bodies of water. While many people may not think of Illinois as a maritime state, it is important to remember that the great lakes are, in fact, inland seas, and have been the center of waterborne commerce for two centuries.

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