On the other hand, in closer cases, juries can determine that patients are less than 50% at fault. In a recent case, a patient was rushed to a hospital for severe allergies that were aggravated by his smoking habits. The patient died when doctors administered a food supplement through his feeding tube that contained milk, which he was also allergic to. The jury found that the patient was 38% at fault, because it was his smoking that contributed to the patient’s weakened condition that led to his death. Because the patient was less than 50% at fault, doctors were responsible for paying the patient’s estate according to their share of the blame, which was 62%.

The calculation of damages, and comparative negligence along with restrictions such as the statute of limitations and requirements of expert testimony regarding standard care helps juries arrive at fair verdicts in extremely difficult cases. The downside to the extremely involved process is that it results in long lawsuits that can last for years and involve expensive legal fees. Nevertheless, the Illinois legal system strives to strike an appropriate balance between protecting both patients and doctors.

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