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

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

Archive