Legal Question in Personal Injury in Illinois

What is the difference between negligence & gross negligence as it pertains to a healthcare provider or healthcare facility?

Asked on 7/31/13, 5:37 pm

1 Answer from Attorneys

Chen Kasher Chen Kasher

For a personal injury suit, the difference does not matter. Either negligence or gross negligence violates the duty of care owed by the healthcare provider or facility and gives rise to a cause of action. In some very egregious instances, the plaintiff could recover punitive damages for gross negligence, but the judge must allow them.

For a criminal matter, ordinary negligence is not enough; gross negligence may be needed.

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Disclaimer: answer is intended as informational only and not as advice. I am not your attorney.

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Answered on 7/31/13, 10:19 pm

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