Illinois Laboratory Error Attorney
Test administration, result interpretation, and sample mislabeling are some of the most common kinds of laboratory errors in Illinois hospitals, clinics, and other medical facilities. Test administration matters have a lot of moving parts. Generally, the doctor must give the order, the patient must deliver the order, and a laboratory technician must execute the order. A breakdown could occur at any point. When the test results arrive, they are often quite subjective. It’s very easy for laboratory techs and other professionals to see what they are looking for, instead of seeing what is there. Finally, an innocent sample or medication mislabeling error could have tragic consequences for patients.
At certain points of the ever-changing business cycle, understaffing at medical and other service providing institutions is pretty much inevitable. From a legal liability standpoint, these staff shortages don’t affect many retailers. Medical providers are different. Waiting in a longer line at the grocery store is an inconvenience for customers. The aforementioned laboratory errors could be much worse for patients. So, these owners cannot use economic downturn or other circumstances as an excuse for employee negligence.
The responsible Illinois laboratory error attorneys at Wais, Vogelstein, Forman, Koch & Norman never use excuses and never take shortcuts when it comes to your valuable claim for damages. Instead, we diligently build your legal case, one brick at a time. Everyone makes mistakes, and the members of our professional team are no exception. But if we make a mistake, we don’t blame other people or refuse to accept responsibility for it. Instead, we own up to it and work to make things right.
First Party Liability
Laboratory errors are unintentional mistakes. However, they are not “accidents,” at least according to Illinois law. An accident is basically a wrong place at the wrong time mistake that the party couldn’t control. Instead, they are negligence, which is a lack of care. Laboratory technicians have no one to blame but themselves for sample mislabeling and other errors.
Additionally, a Chicago laboratory error attorney must establish a connection between the negligent action or omission and the victim’s illness or injury. The burden of proof is only a preponderance of the evidence (more likely than not). That’s one of the lowest proof requirements in Illinois law.
Picture two equally-high stacks of writing paper side by side. Someone moves a single sheet from the right to the left. If that happens, the stack on the left is taller, albeit slightly taller, than the stack on the right. That’s a picture of a preponderance of the evidence.
Damages in a medical negligence case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are also available in many medical negligence claims.
Third Party Liability
Tortfeasors (negligent parties) are legally responsible for damages in these cases. A third party, such as a tortfeasor’s employer, is often financially responsible for damages.
Respondeat superior (let the master answer) is one of the most common vicarious liability theories in Illinois negligence claims. It applies if the tortfeasor was an employee who was working in the scope of employment.
That second prong is usually the most heavily-contested one. Until recently, Illinois law defined “scope of employment” rather narrowly. Today, any act which benefits the employer in any way is normally within the scope of employment.
For example, if Sam gets hurt in a company softball game, Sam’s injury is normally within the scope of employment. The employer benefited both from the free advertising the game generated and from the fact that healthy and happy employees are usually less expensive and more productive.
Contact a Dedicated Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced laboratory error attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.