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


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