Medical Malpractice Attorney Chicago, IL
No amount of money can reverse time. No amount of money can erase a memory or reality of pain. If only we could ask for a reversal of the circumstances instead of a monetary settlement. Unfortunately, that isn’t possible. Medical malpractice happens and it happens too often. In 2012, over $3 billion was paid out in medical malpractice settlements. With the rate of surgeries growing, it only makes sense that mistakes will also increase. If you or your family member has been injured from a medical procedure involving errors in diagnosis, treatment, aftercare or health management, there are a few factors that determine whether or not medical malpractice may be the cause: improper or insufficient standard of care, injury as a result of negligence and the considerable damage has been done. Considerable damage is:
- suffering
- enduring hardship
- constant pain
- considerable loss of income
- disability
Types of Damages
Three categories of damages can be paid to the victim or plaintiff in a medical malpractice case.
General Damages
General damages are meant to compensate the plaintiff for the patient’s loss and suffering, such as:
- loss of enjoyment of life
- physical and mental pain and suffering
- loss of future earning capacity
Frequently, this requires expert testimony to help determine the scope of damages, particularly in determining future earnings lost.
Special Damages
Special damages are to reimburse the victim for present and future medical bills and other expenses like home health care, durable medical equipment (DME) and physical therapy.
Punitive Damages
This category requires proof that the actions of the doctor or medical practitioner were willful and malicious or that they knew that their actions would cause injury.
Wrongful Death
These cases are filed by the family members of the deceased. Also known as survival action, damages cover loss of support, consortium, companionship and guidance.
Mitigating Factors
Damage Caps
In State Farm v. Campbell (2003), the court ruled that punitive damages cannot exceed damages awarded to compensate the plaintiff for their injuries by a nine to one ratio.
Pre-existing Conditions
If the victim or plaintiff has a pre-existing medical condition that was made worse by the action of the physician, then it can reduce the amount of the award.
Patient Negligence
In the event that it is proven that the plaintiff failed to follow the doctor’s instructions, leading to the injury, then the damage award may be reduced.
If you or your family member has suffered injury or loss of life due to medical malpractice, contact a medical malpractice attorney in Chicago, IL at The Law Offices of Konrad Sherinian, LLC so that you know your rights and the damages that can be recovered.