If a patient is injured as a result of a preventable medical error, he or she may be able to recover money damages in a medical malpractice lawsuit. Medical malpractice damages may include the following:
- Past and future medical expenses
- Lost wages
- Loss of future income
- Household services
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability
- Disfigurement
The amount of the settlement or verdict will depend on a number of factors, however. While there is no way to determine with absolute certainty the value of a medical malpractice lawsuit, there are a few things to consider in estimating how much a medical malpractice case might be worth, such as:
- Future earning capacity of the victim if he or she is unable to work due to the injuries.
- Impact of the injuries on the victim’s family, including children, spouse, and/or caregivers.
- The reliability of expert witnesses and the testimony that they will provide to support the plaintiff’s claim.
Although the calculation of damages for things like medical expenses is fairly straightforward, the calculation of noneconomic damages (also known as special damages) – such as emotional distress and pain and suffering – can be a bit more challenging. Because special damages and emotional injuries are more subjective, they can be more difficult to prove and quantify. Moreover, many medical malpractice victims do not immediately seek medical attention for emotional injuries, which can make it more challenging to provide adequate medical information to support the claim. While there is no set forth a formula for determining pain and suffering, some states (though not Illinois) impose a cap on the total amount of pain and suffering damages.
Contact a Medical Malpractice Lawyer
If you think that you have a medical malpractice lawsuit, it is important that you contact a medical malpractice lawyer as soon as possible. There are time limits on when you can file a claim; not only can a delay in filing a claim prevent you from filing a claim, but it can also result in the loss of valuable evidence and medical information. In Illinois, a medical malpractice lawsuit without death must be filed within two years of the date of that the patient became aware of, or should have become aware of, the medical negligence. If the patient dies, however, the wrongful death medical malpractice lawsuit must be filed within two years of the date of the patient’s death. The Chicago medical malpractice law firm at Steinberg, Goodman & Kalish is committed to helping the victims of medical malpractice obtain maximum financial recovery. If you have been the victim of medical negligence, contact the Chicago medical malpractice lawyers at Steinberg, Goodman & Kalish to schedule a free consultation to learn more about what your case might be worth. Additional Information:
- Most Common Medical Errors
- How to Know If You Might Have Been the Victim of Medical Malpractice
- 10 Facts about Medical Malpractice
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (888) 325-7299 or (312) 445-9084.
