Are Medical Malpractice Claims Harder for the Elderly?

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Adults over the age of 60 have difficulties getting fair medical malpractice awards.

Chicago, IL- For victims of medical malpractice, recovering compensation can be a difficult because of the burden of proof they must meet.  A successful claim can elude medical malpractice victims of any age but getting a settlement for medical negligence is especially challenging for the elderly.

Facts About Medical Malpractice in Illinois

According to a study from Diedrich Healthcare, medical malpractice claims in Illinois ranged between $100 million to $300 million in 2016. The majority of medical malpractice claims result from diagnosis errors, surgical errors and mistakes with treatment.

Age Groups and Medical Malpractice Settlements:

40-49 age group awarded over $600 million nationwide

50-59 age group awarded close to $800 million nationwide

60-69 age group awarded approximately $500 million nationwide

70-79 age awarded about $200 million nationwide

The statistics above show that there is a drastic reduction in compensation older victims of medical negligence receive. That is why victims of older adults need a medical malpractice attorney in
Illinois working on their claim.

Older adults have a higher burden of proof they must meet if they want a successful medical negligence claim.

Why Are Medical Malpractice Claims Challenging for the Elderly?

Pre-existing Health Issues

As we age, we develop more medical problems and sometimes suffer from chronic medical conditions or have pre-existing health issues. It is easy for plaintiffs in medical malpractice cases to deny liability unless the medical negligence is apparent.

Proving Cause of Death

When an older adult dies, pinpointing the exact cause of their death can be difficult because they often suffer from other medical conditions that could have led to their death. A plaintiff can assert that the victim’s death was a result of declining health and NOT the result of medical negligence.

Lower Damages

To insurance companies, each person’s life has a value that serves as a baseline for a personal injury and wrongful death claim. Unfortunately, the older a victim is, the less value their life has, and they are often awarded smaller settlements than younger victims of medical malpractice.

Difficulty Finding an Attorney

The reasons listed above make some injury lawyers reluctant to take medical malpractice claims involving an elderly victim. Building a winning medical malpractice claim can be costly, so some attorneys refuse cases because they think the award will be too low for the time and resources that need to be devoted to a medical malpractice claim.

The medical malpractice lawyers at USAttorneys are devoted to their clients and will give their case the attention it deserves.

If you are elderly medical malpractice victim, don’t let these issues keep you from seeking compensation if you are harmed by a medical professional, hospital or nursing home. recommends you speak with a medical malpractice lawyer in Illinois to see if you have a legitimate claim. Our legal team will set up a free consultation where you can discuss your case and learn the options you have to recover compensation.

At you can find a medical malpractice attorney with the skills to take on and win challenging medical malpractice claims. If you live in Chicago, we recommend you contact the lawyers at Dinizulu Law Group, Ltd. at (312) 384-1920 and arrange a case evaluation. Their team of medical malpractice lawyers has the experience and skills to get generous compensation no matter what age you are.

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