DGAA bLAWg

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

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

Archive