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


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