A good Chicago medical malpractice lawyer must always keep on top of the latest legal developments both in Illinois and throughout the country. The law is not static. New arguments are advanced, laws changed, and regulations are altered all the time. As a result, the best legal advocates ensure that they understand all of the legal options open to their client at any given time.
For example, we have previously discussed the different ways in which a court may define an “injury.” Physical injuries caused by a medical mistake are the most obvious example, but there are other forms of injury that are less apparent. Increased risk of complications because of poor medical care may itself be deemed an injury actionable in a court.
The Columbus Dispatch reported on a new ruling in that state which more appropriately clarifies the types of injuries that patients often endure as a result of their caregiver’s negligence. The issue at hand was the effect of a faulty medical diagnosis which ignored the spreading of cancer. A court recently found that a patient may pursue an emotional distress claim following a missed diagnosis of her cancer.
The emotional distress claim is connected to the physical injury associated with untreated cancer and so it falls within the types of injury which a court usually allows. The trial court initially dismissed the claim on grounds that the state did not allow emotional distress suits in these cases. However an appellate court reversed that decision which was then upheld by the state’s Supreme Court.
Our Chicago medical malpractice attorneys at Levin & Perconti have worked with many victimized patients who experienced a delayed diagnosis. The cost of the lost time is incalculable. It is important that all courts properly understand the physical, mental, and emotional toll that these mistakes have on a victim and their family.
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