When victims are injured due to someone else’s recklessness, are their injuries a result of ordinary negligence or gross negligence in Illinois? Understanding the difference between medical negligence, gross negligence, and ordinary negligence is important, especially in medical malpractice and personal injury cases where victims must prove negligence to be compensated for injuries.
Our Chicago lawyer team explains the types of negligence in Illinois and the difference between medical negligence, ordinary negligence, and gross negligence in Illinois. If you were injured by someone else’s recklessness, call (312) 321-1111 to schedule a free consultation with an experienced lawyer at Curcio & Casciato. Our lawyer group is adept at holding those responsible for gross negligence accountable for their actions.
Gross Negligence Definition
In Illinois, Gross negligence is defined as a severe form of negligence where a person’s actions go beyond mere carelessness, where a person doesn’t behave as a prudent person should. It goes far beyond ordinary negligence and demonstrates a blatant disregard for the consequences of the person’s recklessness.
Difference Between Personal Injury Claims and Criminal Negligence
When victims decide to hold a person responsible for their recklessness, they must understand the difference between personal injury and criminal negligence claims.
In personal injury law, according to a May 2023 Congressional Research Service Report, victims have the right to sue if they’ve been injured due to another person’s negligent acts. Illinois tort law allows a victim to seek damages through a civil lawsuit, where the victim or their lawyer must prove that the defendant breached a duty of care that was owed to them, specifically. The decision to sue in court requires proof that the defendant showed enough carelessness to justify and recover compensation.
Alternatively, criminal negligence involves behavior that is so egregious that it becomes punishable under Illinois criminal law. Criminal negligence necessitates widespread criminal law to maintain society’s stability. Criminal law is governed by Illinois or national courts, applying to cases like manslaughter, texting while driving or drinking and driving.
If you’ve been injured because of a drunk driver, our Chicago drunk driving accident lawyer can help you file a claim for damages.
What is Negligence Per Se?
When a defendant breaches a law designed to protect the public in Illinois, Negligence per se applies, simplifying the process of proving negligence in a personal injury claim.
Here, four elements of negligence must be proven:
1. Statute or Regulation: A specific law imposes a duty on the defendant.
2. Violation: The defendant violated that law.
3. Protected Class and Injury: The plaintiff was within the class the law intended to protect, and the injury was the type the law aimed to prevent.
4. Causation: The violation directly caused the plaintiff’s injury.
Ordinary Negligence vs Gross Negligence in Illinois
In tort law, the biggest difference between ordinary negligence and gross negligence is the level of carelessness and disregard involved. Ordinary negligence occurs when someone fails to act with the care that a reasonable person would exercise, resulting in harm to the injured party or plaintiff.
Gross negligence occurs when a person’s actions demonstrate a reckless disregard for others, going beyond mere carelessness. In Illinois, gross negligence can lead to significant liability, as it often skirts the edge of criminal law.
While both ordinary and gross negligence involve a failure to meet a reasonable standard of care, the consequences of gross negligence are more severe due to the extreme nature of the defendant’s act.
Example of Ordinary Negligence
An example of ordinary negligence could be property owners forgetting to fix loose gravel, resulting in a visitor’s injury. The owner did act negligently but showed no reckless intent.
Example of Gross Negligence
In contrast, an instance of gross negligence could involve a situation where a surgeon performs a procedure while under the influence of drugs or alcohol. This blatantly disregards the well-being of the patient, and the consequences can be devastating.
If you’ve been injured by such an error, contact our Chicago surgical error lawyers for a free consultation.
Negligence vs. Malpractice in Illinois
These terms are often used interchangeably but have distinct meanings in law, but what is the difference in malpractice vs negligence in Illinois?
Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. Malpractice, on the other hand, is a specific type of negligence that applies to professionals, such as doctors or lawyers, who fail to perform their duties to the accepted standard of care. In medical negligence cases, proving negligence often involves demonstrating that a physician or surgeon did not act as a reasonably prudent professional would under similar circumstances.
Medical Negligence Example
A common example of medical negligence is a physician misdiagnosing a patient’s condition, leading to incorrect or delayed medical treatment. If the misdiagnosis results from the physician’s failure to follow standard protocols, the patient may have grounds to sue for medical malpractice.
However, if the physician’s actions demonstrate reckless disregard for the patient’s well-being, the case could rise to the level of gross negligence.
Call a Chicago medical misdiagnosis lawyer today to discuss your medical negligence case.
Examples of Gross Negligence in Medical Malpractice Cases
If a hospital fails to properly sterilize surgical instruments, leading to widespread infections, this could be considered gross negligence in Illinois and a clear case of medical malpractice. Another instance of medical malpractice is when a healthcare provider ignores a patient’s urgent symptoms, resulting in serious harm or death. These cases illustrate a reckless disregard for patient safety, making the healthcare provider liable for significant damages.
If you or a loved one have suffered gross negligence due to medical malpractice, contact our Chicago medical malpractice lawyer team.
How a Lawyer Can Prove Negligence in Personal Injury Law
Proving negligence in personal injury law involves several factors. First, a lawyer must establish the defendant owed a legal duty of care to the plaintiff. Next, the lawyer must demonstrate the defendant breached this duty through negligent acts.
If this breach directly caused the plaintiff’s injury, the defendant can be held liable, forming the basis of an injury claim. Ultimately, these factors will be presented in court as part of the lawsuit, where the evidence will determine the outcome.
Legal Duty of Care:
A legal duty of care refers to the obligation to act in a way that protects others from harm. For example, a driver has a duty to obey traffic laws and drive safely to avoid causing accidents. When a defendant breaches this duty and leads to harm, the plaintiff can hold them liable for this in court.
Defendant Breached Legal Duty of Care:
To prove negligence, such as medical negligence, a lawyer must show that the defendant breached their legal duty of care. This could involve demonstrating that the defendant failed to act as a reasonable person would under the circumstances. For instance, if a doctor administers the wrong medication to a patient, resulting in harm, the breach of duty is clear.
The Breach of Legal Duty Causes a Personal Injury or Harm:
Once a breach of duty is established, it must be proven that this breach of duty directly caused the plaintiff’s personal injury or harm. This step is key in proving negligence. If the injury had not occurred but for the defendant’s actions, the plaintiff has a strong case for compensation. Ultimately, it will be up to the judge and jury to decide if the evidence presented supports the plaintiff’s claim and warrants compensation.
Damages Resulting from the Personal Injury or Harm:
In personal injury cases, including medical malpractice, the damages resulting from the injury can encompass both economic and non-economic losses. Economic damages might cover medical expenses, lost wages, and property damage, while non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. In cases of gross negligence, such as severe medical malpractice, punitive damages may also be awarded to punish the defendant and deter similar conduct in the future.
How the Reasonable Person Standard Applies to Personal Injury Lawsuits
The reasonable person standard is a legal concept used to determine if the defendant’s actions were negligent, including in medical malpractice cases. It asks whether a reasonably prudent person in the same situation would have acted differently. If the answer is yes, the defendant’s actions are considered negligent, and they can be held liable for the plaintiff’s injuries.
Compensatory vs Punitive Damages in Illinois
In Illinois, compensatory damages aim to restore the victim to their pre-injury state, covering costs like medical treatment, lost wages, property damage, and other related expenses. In medical malpractice cases, victims may also recover non-economic damages for pain, suffering, and emotional distress.
Punitive damages, on the other hand, are intended to punish the defendant for particularly reckless or grossly negligent behavior. They are awarded in cases where the defendant’s actions show a reckless disregard for the safety of others.
How a Chicago Personal Injury Attorney Can Help
If you or someone you love has been injured due to gross negligence or medical malpractice, a skilled Chicago personal injury attorney can help you pursue the compensation you deserve. At Curcio & Casciato Law, we understand the impact that medical negligence and other negligent acts can have on your life. We are committed to proving negligence, whether in or out of court, and holding responsible parties, including the insurance company, accountable for your medical expenses and other losses.
Contact us today to discuss your case and learn how we can help you recover financial compensation. Call (312) 321-1111 to schedule your free consultation.
