What Kind of Damages Can I Claim in a Medical Malpractice Lawsuit?

Web Admin - Wednesday, March 20, 2019
Des Plaines medical malpractice lawyerWhen someone suffers a severe injury due to medical malpractice in Illinois, that person may claim two types of compensation from the medical professional or institution who committed the malpractice: 

- Economic damages, which compensate the patient for specific financial losses both past and future, such as medical expenses and lost earnings.

- Non-economic damages, which compensate the patient for physical and/or emotional pain and suffering, inconvenience, disfigurement, physical impairment, loss of consortium, and loss of enjoyment of life, per Illinois law 735 ILCS 5/2-1702.

Does Illinois Limit the Dollar Amount of Damages for Medical Malpractice?

Unlike some states, Illinois medical malpractice law places no limits on the amount of either economic or non-economic damages that you can receive in a lawsuit. However, the law does not allow the award of punitive damages, which are intended to punish a wrongdoer and discourage others from making the same mistakes, per Illinois law 735 ILCS 5/2-1115.

What Type of Medical Error or Injury Qualifies for Financial Compensation?

There are many times when medical treatments that do not have as good of an outcome as we had hoped. For example, a knee replacement surgery may not relieve as much of our pain or restore as much physical function as we had expected. A pain medication may not relieve all of our pain and may also have unpleasant side effects. This does not mean that medical malpractice has occurred. You can only claim medical malpractice when a doctor or other licensed medical professional fails to meet the generally accepted standard of care expected in a particular patient-care situation. 

For example, suppose a patient came into an urgent-care center saying that they think they broke their ankle when they fell off a ladder. The expected standard of care would call for an X-ray to be taken and, depending on the severity of the injury, the doctor might apply a cast or refer the patient to an orthopedic surgeon for an operation to repair the ankle. Now suppose that the treating physician did not order an X-ray, incorrectly interpreted the X-ray, or otherwise failed to treat the patient according to generally accepted standards. Let us further suppose that, as a result of the physician’s error, the patient’s ankle does not heal properly, leaving him with a permanent disability and unable to work in his former profession. Taken together, these circumstances suggest that this patient could win damages in a medical malpractice lawsuit.

Consult an Experienced Schaumburg Medical Malpractice Lawyer

If you have suffered a severe injury that you believe can be attributed to misdiagnosis, delayed diagnosis, surgical error, improperly prescribed medication, or other treatment which deviated from the generally accepted standard of care, consult a knowledgeable Arlington Heights medical malpractice attorney. Call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000 for a no-cost initial consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


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