What Factors Affect Recovery for Medical Malpractice?

 Posted on December 30, 2024 in Personal Injury

Medical malpractice can have devastating emotional and physical consequences. If you have been the victim of medical malpractice, you are not alone. According to a John Hopkins study, over 250,000 people die eery year in the United States due to medical errors. Although many factors contribute to your potential monetary recovery in a medical malpractice case, an Arlington Heights personal injury attorney has experience with these cases and can advise you on your options for seeking damages.

Are There Recovery Caps in Illinois?

First the good news: Since 2010, there have been no caps on the amount of damages plaintiffs can recover in a medical malpractice claim in Illinois. As long as you bring your medical malpractice claim within two years from the date of your injury, you could potentially recover the full value of your economic and non-economic damages.

Factors Affecting Medical Malpractice Compensation

Liability 

In order to get any type of recovery in a medical malpractice case, you must prove that the doctor was liable for the medical malpractice. To do so you must show that the doctor behaved negligently: that there was a doctor-patient relationship, that the doctor did not act according to the relevant standard of care, and that as a direct result, you suffered serious injuries. You must also show that you suffered damages as a result of these injuries.

If the doctor discovered his or her mistake and acted to reverse it, their liability for medical malpractice could be lower.

Your Potential Contribution to Liability 

Even if the doctor had liability for medical malpractice, if the defense can show that you were also at fault, this may decrease your potential compensation. For example, the defense could attempt to show that you canceled follow-up appointments or did not follow the doctor’s instructions after the surgery.

Severity of Injuries 

More severe or permanent injuries can result in a higher recovery because they are likely to result in higher medical bills and a lower quality of life.

Actual Damages

A big factor affecting recovery is damages. You must show that you suffered damages, and the extent of your damages will affect the extent of your recovery. In Illinois, you may recover for economic and non-economic damages, but the state does not allow recovery for punitive damages in typical medical malpractice cases. Punitive damages may be available in a wrongful death or survival case, however.

Economic damages compensate victims for actual financial losses including medical expenses, lost wages, and rehabilitation costs. Non-economic damages compensate you for the emotional losses from medical malpractice, including emotional distress, pain and suffering, and loss of enjoyment of life.

Attorney Competence

An experienced attorney who can build a strong medical malpractice case, formulate a trial strategy that aims to get you the best possible recovery, and is skilled at negotiating a potential settlement can make a difference in your potential compensation.

Contact an Arlington Heights, IL Personal Injury Lawyer

If you or a family member is a victim of medical malpractice, you may be wondering if you could recover from your losses. At Dickler, Kahn, Slowikowski & Zavell, Ltd., our Cook County, IL medical malpractice attorneys have over 150 years of combined legal experience. We handle medical malpractice cases and can advise you on your potential recovery. Call our offices for a consultation today at 847-593-5595.