DGAA bLAWg

What Kind of Damages Can I Claim in a Medical Malpractice Lawsuit?

Web Admin - Wednesday, March 20, 2019
Des Plaines medical malpractice lawyerWhen someone suffers a severe injury due to medical malpractice in Illinois, that person may claim two types of compensation from the medical professional or institution who committed the malpractice: 

- Economic damages, which compensate the patient for specific financial losses both past and future, such as medical expenses and lost earnings.

- Non-economic damages, which compensate the patient for physical and/or emotional pain and suffering, inconvenience, disfigurement, physical impairment, loss of consortium, and loss of enjoyment of life, per Illinois law 735 ILCS 5/2-1702.


Does Illinois Limit the Dollar Amount of Damages for Medical Malpractice?


Unlike some states, Illinois medical malpractice law places no limits on the amount of either economic or non-economic damages that you can receive in a lawsuit. However, the law does not allow the award of punitive damages, which are intended to punish a wrongdoer and discourage others from making the same mistakes, per Illinois law 735 ILCS 5/2-1115.

What Type of Medical Error or Injury Qualifies for Financial Compensation?


There are many times when medical treatments that do not have as good of an outcome as we had hoped. For example, a knee replacement surgery may not relieve as much of our pain or restore as much physical function as we had expected. A pain medication may not relieve all of our pain and may also have unpleasant side effects. This does not mean that medical malpractice has occurred. You can only claim medical malpractice when a doctor or other licensed medical professional fails to meet the generally accepted standard of care expected in a particular patient-care situation. 

For example, suppose a patient came into an urgent-care center saying that they think they broke their ankle when they fell off a ladder. The expected standard of care would call for an X-ray to be taken and, depending on the severity of the injury, the doctor might apply a cast or refer the patient to an orthopedic surgeon for an operation to repair the ankle. Now suppose that the treating physician did not order an X-ray, incorrectly interpreted the X-ray, or otherwise failed to treat the patient according to generally accepted standards. Let us further suppose that, as a result of the physician’s error, the patient’s ankle does not heal properly, leaving him with a permanent disability and unable to work in his former profession. Taken together, these circumstances suggest that this patient could win damages in a medical malpractice lawsuit.

Consult an Experienced Schaumburg Medical Malpractice Lawyer


If you have suffered a severe injury that you believe can be attributed to misdiagnosis, delayed diagnosis, surgical error, improperly prescribed medication, or other treatment which deviated from the generally accepted standard of care, consult a knowledgeable Arlington Heights medical malpractice attorney. Call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000 for a no-cost initial consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+17&ActID=2017&ChapterID=0&SeqStart=17700000&SeqEnd=19900000
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115

Recovering for Medical Malpractice

Web Admin - Friday, May 15, 2015

medical malpractice recovery, Crystal Lake medical malpractice lawyerUnfortunately, health care professionals sometimes commit mistakes while treating patients. Individuals who sustain injuries as a result of medical malpractice may be able to recover monetary awards for the damage caused. These awards can help victims obtain additional health care required as a result of the malpractice and provide compensation for the suffering the victim endures.

What is Medical Malpractice?

The usual legal theory under which a medical malpractice claim is made is negligence. In general terms, medical malpractice occurs when a patient suffers an injury as a result of a health care professional’s negligent act or omission. Specifically, under a negligence theory, the claimant must prove that the health care professional had a duty of care, that a violation or breach of the applicable standard of care occurred, and that the result of this breach caused compensable injury.

There are numerous ways in which medical malpractice may occur, including, but not limited to, the following:

  1. 1. Failing to diagnose a patient;
  2. 2. Misdiagnosing a patient;
  3. 3. Performing unnecessary surgery;
  4. 4. Committing surgical errors;
  5. 5. Administering improper medication or dosing; or
  6. 6. Prematurely discharging a patient from a medical facility.

Types of Damages Recoverable

It is possible to recover both economic and non-economic damages for medical malpractice. However, under Illinois law, punitive damages are not available. Economic damages include items like medical bills for treatment, wages lost, or the loss of future earning capacity that was caused as a result of the malpractice.

In addition, a victim of medical malpractice can be awarded non-economic damages. This form of damages is more difficult to prove and to value because they are more subjective than economic damages. Though more difficult to demonstrate, non-economic damages can result in larger awards for claimants. Currently, there is no cap on non-economic damage awards in Illinois.

Non-economic damages include the loss of enjoyment of life, disfigurement, and pain and suffering. Physical pain and suffering involves the actual pain and discomfort that results from the injury. Alternatively, mental pain and suffering relates to any emotions connected with the physical pain or trauma. This may include mental anguish or emotional distress, as well as many other emotions or feelings.

The statute of limitations is another important aspect of medical malpractice claims. Pursuant to Illinois law, a lawsuit must be filed within two years of the date the claimant knew or reasonably should have known of the injury, but in no event can a claimant bring an action more than four years after the date on which the alleged act or omission occurred. For a claimant under the age of 18, the limitation period is eight years from the date of the act or omission, with the exception that a claim cannot be filed after the date on which the minor claimant turns 22 years of age.

Contact Our Skilled Attorneys

If you would like more information about medical malpractice claims, speak with an experienced Illinois personal injury attorney. At Drost, Gilbert, Andrew & Apicella, LLC, we proudly provide legal representation for areas such as Crystal Lake, Des Plaines, and Deer Park, among many others.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

Barrington personal injury attorney Forcible Entry Rolling Meadows car accident lawyers license revocation Illinois insurance disputes Rolling Meadows insurance attorney vacation home fines personal injury claim Crystal lake insurance dispute attorney head on collisions mass shooting bicycle dooring accidents estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois Probate Act of 1975 Des Plaines drug lawyer Chicago corporate attorney uninsured motorist traffic crimes college kids Illinois injury lawyer Barrington Traffic Lawyer Buffalo Grove personal injury attorney Kenilworth estate planning attorney unpaid overtime criminal law workers compensation benefits guardianship attorney Inverness personal injury attorney bad faith insurance claims fatal car accidents Buffalo Grove personal injury lawyer Illinois rollover accident lawyers Schaumburg personal injury lawyer jet ski accidents Rolling Meadows marijuana attorney Whistleblower Claims life insurance lawyer insurance claim denials filing a medical malpractice claim boating accidents Rolling Meadows insurance lawyer pet bites boating DUI denial of life insurance Policy Cancellation commercial real estate Buffalo Grove injury lawyer personal injury lawyer Chicago car accident lawyer insurance claim delay pay when paid contract Palatine traffic accidents Long Grove real estate attorney living trust benefits trustee Palatine criminal defense lawyer personal injury accidents gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys underfunded trust Arlington Heights traffic attorney estate plan employment attorney insurance agent negligence first degree murder license suspension wrongful termination Schaumburg criminal law attorney CAM license Illinois LLC creation Long Grove wills and trusts attorneys Barrington boating accident attorney civil rights violation golf accidents Illinois employment law attorney insurance claims overtime pay pregnant women Illinois living will personal injury drunk driving Kenilworth estate planning lawyer deadly crashes Arlington Heights TBI attorney medical malpractice claims Barrington injury attorney Deer Park DUI lawyer Illinois defective products attorney Barrington medical malpractice lawyers Inverness DUI lawyer Rolling Meadows employment law attorneys commercial leasing Chicago employment lawyer breach of contract insurance claim denial comp time employment lawyer homestead rights Illinois collections attorney employee rights Arlington Heights criminal lawyer nursing home negligence suspended license Inverness probate lawyer workers compensation Des Plaines real estate lawyer automated cars IRA benefits overtime violations Schaumburg insurance lawyers blended families Barrington litigation attorney trench injuries Illinois employment law firm owner responsibility Palatine injury attorney real estate zoning Illinois estate planning Palatine business attorney cell phone Illinois workers compensation lawyer South Barrington real estate lawyer Illinois employment lawyer traffic violations unauthorized overtime marijuana Do Not Resuscitate TBI IRELA Barrington employment attorney Arlington Heights lawyer Long Grove real estate lawyer Attorney Ken Apicella clemency reckless homicide swimming pools Illinois employment attorneys senior citizens defective products involuntary manslaughter Schaumburg personal injury attorney whistleblower protections insurance denial appeals jet ski Des Plaines medical malpractice attorney wrongful death car collision power of attorney pizza emoji Arlington Heights trucking lawyer Arlington Heights wills and trusts lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys real estate closing Schaumburg estate planning attorney Palatine law firm Schaumburg civil litigation attorney business litigation Arlington Heights car crash attorneys loopholes employment law Illinois Transfer on Death Instrument Colin H. Gilbert cell phone accidents dynasty trusts Mount Prospect elder law attorney car accidents PTSD Arlington Heights employment attorney Buffalo Grove law firm life insurance back injuries Rolling Meadows personal injury lawyer Rolling Meadows criminal attorney elder law Retaliatory Discharge real estate leasing Rolling Meadows insurance dispute lawyers trucking accidents Chicago lawyer Illinois jet ski accident lawyer drug crimes Palatine corporate law attorneys modern family estate planning trucking accident lawyers Illinois personal injury lawyer paid sick leave Rolling Meadows medical malpractice lawyers Arlington Heights Traffic Lawyer Palatine Attorney Crystal Lake injury attorney Schaumburg criminal attorney Crystal Lake bike accident lawyer vacation home Illinois insurance dispute lawyers natural gas explosion capital gains tax Arlington Heights personal injury lawyer pedestrian accident Illinois criminal defense attorney income distribution deducation special needs trust health insurance dispute murder charges Illinois trusts attorney Buffalo Grove employment lawyer condo hands free device Inverness corporate attorney small business DUI POA no contest clauses irrevocable trust Affordable Care Act Exclusions real estate IRS employees Chicago estate planning internet Illinois insurance attorney preventing accidents medical research contracts probate claims process Schaumburg corporate attorney Buffalo Grove traffic lawyers Illinois trucking safety Des Plaines motorcycle accident attorney icy parking lots DNR disability benefits sexual harassment car accident Des Plaines personal injury lawyers Buffalo Grove probate lawyer denied insurance claims Federal Food Drug and Cosmetic Act power of attorney for healthcare Family Medical Leave Act Crystal Lake medical malpractice attorneys Illinois wrongful termination lawyer accidental death benefits Barrington estate planning lawyer Schaumburg Attorney Palatine insurance lawyer corporate law Crystal Lake pet attorney Illinois medical malpractice case agent Des Plaines criminal attorney Rolling Meadows brain injury Illinois probate lawyer holiday statistics probate process Illinois estate planning attorney Des Plaines accident attorney Rolling Meadows estate planning attorney Barrington criminal lawyer Palatine construction attorney Illinois real estate Illinois corporate lawyer workplace sexual harassment Fair Labor Standards Act insurance dispute elder abuse Rolling Meadows drug defense attorney Chicago estate planning lawyer Illinois traffic laws Deer Park motorcycle accident lawyer traffic deaths Illinois bicycle safety Rolling Meadows DUI lawyer car crash Chicago attorney dealing with problem employees traffic accidents Chicago insurance claim attorneys Illinois Sales Representative Act Barrington civil litigation attorney Inverness elder law lawyer crossover accidents DUI penalities Des Plaines civil attorney low-ball insurance settlement Crystal Lake tax lawyer pedestrian injuries, pedestrian fatality estate planning for college students Illinois workers compensation attorney spinal cord injury Des Plaines real estate attorney Inverness real estate attorney drunk driving statistics comparative negligence Des Plaines pet law attorney Illinois will lawyer construction accidents Buffalo Grove medical malpractice lawyers traffic violations defense probate claims institutional trustee Rolling Meadows criminal lawyer driving personal injury attorney Barrington attorney Kenilworth estate planning attorneys real estate attorneys Rolling Meadows personal injury lawyers medication errors minimum wage Schaumburg car accident attorney tax attorney living trust vs will Des Plaines claims law firm liability Arlington Heights car accident lawyer civil litigation attorney Arlington Heights tax lawyer marijuana crimes attorney Illinois Smoke Detector Act cell phone tower data Joliet general practice lawyers Arlington Heights employment law attorneys Rolling Meadows tax attorney BUI job lawyers digital information Palatine civil litigation lawyer Inverness real estate lawyer Barrington estate planning attorney appealing an insurance claim motorcycle accident lawyer Rolling Meadows employment attorney BAIID fault based insurance Schaumburg construction accident lawyer GM ignition switches Chicago trucking accident attorney Crystal Lake traffic attorney texting while driving estate tax Illinois attorney spinal cord injuries Illinois workplace lawyer DUI attorney Crystal Lake personal injury attorney Des Plaines tax law firm severance agreements Crystal Lake employment law attorney Employment Discrimination Law Crystal Lake estate planning lawyer Crystal Lake criminal defense attorney Buffalo Grove corporate attorney Illinois employment law Illinois job attorney insurance dispute attorney Thanksgiving Illinois estate planning law firm medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys caretaker rights condo association rent to own real estate contracts estate planning trusts Colin Gilbert Palatine probate lawyer ken apicella School Visitation Rights Act Des Plaines insurance attorney Illinois business lawyer Schaumburg drug defense lawyer Des Plaines DUI attorney rest breaks Deer Park workers compensation lawyer defective products lawyer Palatine real estate lawyer rollover accidents wills car accident lawyer Rolling Meadows personal injury attorney bicycle accidents Illinois motorcycle accident lawyer truck collisions caregiver Buffalo Grove car accident lawyer Des Plaines Inverness accident lawyer Barrington personal injury lawyer Illinois real estate lawyer Arlington Heights personal injury attorney Rolling Meadows accident lawyer criminal record meal breaks creditors Chicago employment attorney Crystal Lake personal injury lawyer real estate contract slip and fall accidents Arlington Heights wills and trusts attorneys real estate attorney Arlington Heights medical malpractice lawyer probate Chicago will attorney eluding a police officer Schaumburg probate attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Mt Prospect Attorney BAC Arlington Heights Attorney Crystal Lake business law attorneys insurance denials Schaumburg real estate lawyer Chicago insurance law firm federal crimes Barrington workers compensation attorney car crashes home inspection lawyer employment law, Illinois employment laws Arlington Heights wills and trusts lawyers underage DUI Illinois tax attorney life insurance policy Chicago will attorney, social media platforms, Illinois estate planning lawyer, Deer Park traffic accident attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation expungement landlord tenant law Self-Directed IRA Accounts Illinois elder law attorney motorcycle accident LLCs DUI defense pet law Illinois traffic attorney Illinois law Super Mario Palatine trusts lawyer mortgage Barrington real estate lawyer Illinois small business probate fees Illinois pet lawyer Inverness insurance attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, foreclosure estate planning wage theft Long Grove estate planning attorneys Palatine workers compensation lawyer Buffalo Grove real estate attorney rumble strips privacy civil litigation Palatine employment lawyer Crystal Lake accident attorney Schaumburg employment law attorneys Schaumburg injury lawyer Illinois red light cameras Illinois boating accident lawyer new real estate form Illinois construction accident attorney Deer Park employment law attorney Illinois lawyer right to work distracted driving accident victims real estate lawyer Deer Park personal injury lawyer controlled substance Detainer Actions Illinois personal injury construction contracts ACA Landlord Tenant Ordinance Crystal Lake will lawyer bike accident Illinois registered agent Arlington Heights insurance attorney surgical mistakes Barrington drug crime attorney Schaumburg wrongful death attorney Barrington Illinois estate planning lawyer drugs Illinois workplace discrimination attorney Arlington Heights estate planning attorney dram shop law Arlington Heights pedestrian accidents Deer Park real estate law firm Home Remodeling Repair Act Illinois speeding lawyer insurance adjusters deed transfer Home Sale Contingencies Mount Prospect wills and trusts lawyers Arlington Heights real estate lawyer Legal Info Rolling Meadows insurance dispute lawyers, insurance dispute trusts insurance negligence digital assets Illinois insurance claim dispute lawyers Crystal Lake traffic lawyer Schaumburg employment attorney criminal defense Illinois employment law attorneys FSLA workers comp South Barrington real estate attorney Rolling Meadows employment law attorney Mount Prospect real estate lawyer car accident lawyers privacy laws problem employees Illinois Wage Payment and Collection Act Des Plaines personal injury attorney Des Plaines collections attorney trauma after an accident estate planning lawyer insurance claim dispute digital media accounts, estate planning, Arlington Heights estate planning attorney, living trust Deer Park medical malpractice attorney Illinois pedestrian accident attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys llinois Real Estate Lawyers Association digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers speeding traumatic brain injuries Palatine employment attorney Riverwoods estate planning lawyer dog bites Palatine civil attorney Des Plaines injury law firm Rolling Meadows boating crash lawyer Deer Park criminal attorney Illinois traffic ticket lawyer Rolling Meadows Attorney Barrington employment law attorney Illinois employee rights attorney. fiduciary rule delay Illinois mortgages Illinois driving without license foreclosed rental property Crystal Lake car accident attorney sole proprietorship Illinois medical malpractice attorney Illinois traffic accident lawyer estate attorney Inverness estate planning lawyer product liability federal regulations for LLCs criminal living wills DGAA Illinois insurance lawyer denied insurance claim auto accidents Des Plaines Traffic Lawyer insurance attorney Schaumburg elder law lawyer Chicago traffic lawyer DMV unpaid assessment Illinois business law atorneys Illinois traffic attorneys insurance claim Palatine employment law lawyer traffic tickets startup company Palatine punch death medical malpractice compensation Deer Park accident attorney digital evidence drug crimes lawyer child safety revenge porn Rolling Meadows real estate attorney Palatine estate planning lawyer natural gas wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Buffalo Grove traffic attorney breathalyzer test Long Grove estate planning attorney Illinois personal injury lawyers landlord Illinois medical malpractice claim life insurance claims Barrington business law firm Schaumburg medical malpractice lawyer Arlington Heights accident attorney hiring employees hit and run accident Illinois civil litigation lawyer Crystal Lake car accident lawyer anesthesia errors Illinois DUI attorney ObamaCare probate lawyer Crystal Lake insurance lawyer insurance disputes Rolling Meadows probate lawyer healthcare claims Illinois wills and trusts attorneys personal injury claims Palatine elder law attorney in terrorem provision insurance claim dispute attorney social media after death Buffalo Grove insurance claim dispute lawyers Illinois personal injury attorney products liability rollover car crashes subcontractor Schaumburg estate planning lawyer Rolling Meadows litigation lawyer unfunded trust personal injury law firm healthcare Illinois medical malpractice lawyers field sobriety test Des Plaines personal injury lawyer employee misclassification installment contracts Schaumburg traffic lawyer car crash injuries work unions boating under the influence Crystal Lake employment lawyer Class A misdemeanor Liquor Control Act premises liability residential real estate compensatory time forming a corporation in Illinois Inverness injury lawyer gift taxes loss of consortium changes to mortgage law underinsured motorist Buffalo Grove criminal defense lawyer Illinois home inspection Rolling Meadows business lawyer Transfer on Death Instrument liability claims Illinois insurance claim attorney Crystal Lake medical malpractice law firm Illinois Human Rights Act slip and fall Rolling Meadows traffic attorney financial advisors investment property Schaumburg personal injury lawyers Des Plaines drug crimes lawyer Schaumburg Rolling Meadows Traffic Lawyer FMLA Palatine personal injury lawyer Arlington Heights injury attorney trust payments sexual images liens Illinois Workers’ Compensation Commission pedestrian accidents Crystal Lake civil litigation lawyer Barrington criminal defense lawyer Inverness civil lawyer Illinois license reinstatement distracted driving accidents medical marijuana Illinois insurance claims lawyers preventable medical errors Fourth of July employee discrimination traumatic brain injury pedestrian-automobile accident Chicago biking tips Jay Andrew Rolling Meadows traffic law firm blood alcohol content pain and suffering insurance agents Illinois car accident attorney Crystal Lake employment attorney estate planning attorney Food and Drug Administration's Food Safety Modernization Act operating agreements drug crime employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine corporate attorney Palatine traffic lawyer Palatine drug lawyer Illinois employment laws Barrington employment law firm murder IRA trust transfer traffic offenses murder defense manufacturing medical malpractice taxes food poisoning Rolling Meadows corporate lawyer employment contract independent contractor Deer Park traffic lawyer Crystal Lake law firm wills and trusts Illinois insurance claim dispute lawyer Long Grove estate planning commercial leases texting and driving consent to a search Crystal Lake pedestrian accident lawyer Illinois wills and trusts drug possession advance healthcare directive Arlington Heights wills and trusts attorney Schaumburg estate attorney attorney fees Crystal Lake medical malpractice lawyer fiduciary rule Inverness traffic law firm traffic laws

Archive