What is Pre-Existing Condition?
A health condition or injury that existed before the accident, which may complicate proving causation but doesn't bar recovery for aggravation.
Understanding Pre-Existing Condition
Defendants must take plaintiffs as they find them (eggshell plaintiff rule). If an accident aggravates a pre-existing condition, the defendant is liable for the aggravation. Medical records documenting pre-accident condition help prove what the accident worsened.
Examples
- 1Accident aggravating prior back injury
- 2Asymptomatic disc condition becoming painful after crash
- 3Previous knee injury worsened by fall
Related Terms
Eggshell Plaintiff Rule
The legal principle that defendants must take plaintiffs as they find them, meaning they are liable for all injuries caused even if the plaintiff was unusually susceptible to harm.
Medical Malpractice
Professional negligence by a healthcare provider whose treatment falls below the accepted standard of care, resulting in injury or death to the patient.
Standard of Care
The degree of care and skill that a reasonably competent professional in the same field would provide under similar circumstances.
X-Ray Evidence
Diagnostic imaging used to document injuries in personal injury cases. X-rays show bone fractures, dislocations, and some soft tissue abnormalities, providing objective medical evidence of harm.
Letter of Protection (LOP)
A written agreement where a personal injury attorney promises to pay a healthcare provider from the client's eventual settlement or verdict, allowing the patient to receive medical treatment without paying out of pocket.
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