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


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