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.


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


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