Medical treatment is necessary a lot of the time after a motor accident to treat any injuries endured. What if one of the doctors handling the injuries makes a mistake that worsens the patient’s physical condition — adding to or producing life-altering damages?
When it comes time for the car accident case’s litigation, the defense may try to put the blame on the physician in question. They could assert that the at-fault driver isn’t liable for the worsening malady and that it’s due to medical malpractice. This game of finger-pointing in litigation now has another obstacle to surmount.
The original tortfeasor is subject to any foreseeable results of their acts that are produced by consequent tortfeasors in Illinois. In layman’s terms, this explains that the person who provoked the injury in the car accident originally would be held accountable.
When your medical provider infringes upon a standard of care you deserve as the patient and aggravates the original injuries or produces new injuries that weren’t a direct effect of the incident, it’s best to evaluate the case carefully to determine whether to sue the subsequent tortfeasor, the original tortfeasor or both.
Under the law prescribed as “approximate and foreseeable causation” and “eggshell plaintiff”, the initial careless party, i.e. the at-fault driver who could be found culpable for the motor vehicle incident can be responsible for every overriding negligent action caused by other individuals in the chain of development.
Put simply, the defendant can be accountable and deemed at fault for sustained injuries due to the car accident. They can also be held liable for medical malpractice that transpires during the hospitalization of such injuries. Others can also be partially held responsible for medical negligence when injuries after the car accident were being treated.
If you or someone you know has endured a devastating personal injury because of a negligent driver and a subsequent mistake from a medical professional, you should talk with an attorney at Franks Gerkin Ponitz Greeley right away. Please contact us today at (815) 923-2107 to schedule a prompt consultation.
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