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Illinois Medical Malpractice Laws Comparative Negligence
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Our site also provides a great deal of free information on Illinois medical malpractice which hopefully can guide your attorney search or aid your general knowledge of the law. This page discusses comparative negligence. Comparative negligence is used by Illinois medical malpractice attorneys to assess who contributed to the harm suffered by a plaintiff.
Comparative negligence is used by Illinois medical malpractice attorneys to assess who contributed to the harm suffered by a plaintiff. Illinois medical malpractice lawyers, including Chicago malpractice lawyers, apply the following Illinois law dealing with medical malpractice.
§ 2-1116.
Limitation on recovery in tort actions;
fault.
(a) The purpose of this Section is to allocate the responsibility of
bearing or paying damages in actions brought on account of death,
bodily injury, or physical damage to property according to the proportionate
fault of the persons who proximately caused the damage.
(b) As used in this Section:
"
Fault" means any act or omission that
(i) is negligent, willful and wanton, or
reckless, is a breach of an express or implied
warranty, gives rise to strict liability
in tort, or gives rise to liability under
the provisions of any State statute, rule,
or local ordinance and (ii) is a proximate
cause of death, bodily injury to person,
or physical damage to property for which
recovery is sought.
"
Contributory fault" means any fault
on the part of the plaintiff (including but
not limited to negligence, assumption of
the risk, or willful and wanton misconduct)
which is a proximate cause of the death,
bodily injury to person, or physical damage
to property for which recovery is sought.
"
Tortfeasor" means any person, excluding
the injured person, whose fault is a proximate
cause of the death, bodily injury to person,
or physical damage to property for which
recovery is sought, regardless of whether
that person is the plaintiff's employer,
regardless of whether that person is joined
as a party to the action, and regardless
of whether that person may have settled with
the plaintiff.
(c) In all actions on account of death, bodily injury or physical damage
to property in which recovery is predicated upon fault, the contributory
fault chargeable to the plaintiff shall be compared with the fault
of all tortfeasors whose fault was a proximate cause of the death,
injury, loss, or damage for which recovery is sought. The plaintiff
shall be barred from recovering damages if the trier of fact finds
that the contributory fault on the part of the plaintiff is more than
50% of the proximate cause of the injury or damage for which recovery
is sought. The plaintiff shall not be barred from recovering damages
if the trier of fact finds that the contributory fault on the part
of the plaintiff is not more than 50% of the proximate cause of the
injury or damage for which recovery is sought, but any economic or
non-economic damages allowed shall be diminished in the proportion
to the amount of fault attributable to the plaintiff.
(d) Nothing in this Section shall be construed to create a cause of
action.
(e) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
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