If you have a medical malpractice claim against a hospital, clinic, doctor’s office, or any other medical facility in Illinois, understanding how much you are entitled to recover will be important for making informed decisions about your next steps. While hiring a lawyer to file a medical malpractice claim costs you nothing out of pocket, it will still be important to make sure you are prepared to put in the time and effort required to help your lawyer seek compensation on your behalf.
In a medical malpractice claim, patients and families can seek compensation for all of their present and future losses resulting from their (or their loved one’s) healthcare provider’s mistake. These “compensatory damages” fall into two broad categories: (i) economic damages; and, (ii) non-economic damages.
Economic damages are intended to compensate patients and families for the financial costs of medical malpractice. While the specific amounts that patients and families are entitled to recover depend on their individual circumstances, economic damages generally cover the following types of losses:
Illinois law entitles patients and their families to compensation for the medical bills they incur as a result of their healthcare providers’ malpractice. This includes medical bills for diagnosis, treatment, therapy, rehabilitation, and all other necessary forms of care. When filing a medical malpractice claim, it is critical to ensure that you have a clear understanding of your (or your loved one’s) long-term care needs, as these needs will play a critical role in determining how much you are entitled to recover.
Along with medical bills, Illinois law entitles patients and their families to compensation for other out-of-pocket costs they incur as a result of medical malpractice as well. Common examples include medical transportation, prescription medications, medical supplies, and in-home care services. If you incur (or are likely to incur) any out-of-pocket costs as a result of a healthcare provider’s malpractice, these are costs that a medical malpractice lawyer should be able to help you seek to recover.
In addition to out-of-pocket costs, Illinois law also allows patients and families to seek compensation for their loss of income in a medical malpractice claim. When medical malpractice has long-term (or permanent) effects, patients and families can seek compensation for their loss of future earning capacity as well. Here too, understanding the long-term costs of your (or your loved one’s) healthcare provider’s mistake is essential for maximizing your financial recovery.
Non-economic damages are intended to compensate patients and families for all of the other ways that medical malpractice negatively impacts their (or their loved one’s) lives. Common examples of non-economic damages in a medical malpractice claim include:
Patients who fall victim to medical malpractice are entitled to compensation for the pain, suffering, and emotional trauma they suffer as a result of their ordeal. When medical mistakes have permanent consequences, patients may continue to suffer these losses for the rest of their lives.
Surgical errors, delayed cancer diagnoses, and other common forms of medical negligence may result in physical scarring or disfigurement. Patients who pursue a medical malpractice claim may be entitled to compensation for the psychological effects of living with their scarring or disfigurement on a daily basis.
Patients and loved ones who are coping with the effects of medical malpractice may also be entitled to compensation for their loss of consortium, companionship, and enjoyment of life. Serious medical errors can have life-altering consequences, and these damages are intended to compensate for these consequences as much as possible.
If you are dealing with the consequences of a life-altering medical mistake, you might also be wondering whether you can seek punitive damages. Unfortunately, punitive damages are not available in a medical malpractice claim in Illinois. However, compensatory damages awards can be substantial, and it will still be well worth talking to a Chicago medical malpractice lawyer about your legal rights.
If you or a loved one has suffered due to a preventable medical error, Coplan + Crane is here to help. Our experienced medical malpractice attorneys have a proven track record of holding negligent doctors, hospitals, and healthcare providers accountable, and we’re committed to helping you recover the full compensation you deserve.
Contact the Chicago medical malpractice lawyers at Coplan + Crane today online or at 312-982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle medical malpractice claims on a contingency basis, which means you don’t pay unless we win.
