What Damages Can I Recover in a Hospital Malpractice Case? 

 Posted on November 14, 2022 in Medical Malpractice

Visiting the hospital is never a pleasant experience, but at the very least, the hospital patient can expect a treatment that improves his or her medical condition. Unfortunately, this is not always the case. Some patients suffer worsened conditions, new illnesses or injuries, or even wrongful death because of the negligent medical care they received in a hospital. A medical malpractice claim is often the best way to hold a hospital or medical professional accountable for negligent care. A malpractice claim may also allow for the recovery of monetary damages.

Types of Compensatory Damages in a Hospital Malpractice Case

If you or a loved one has been seriously harmed by medical negligence, you may be wondering what types of damages you can recover in a hospital malpractice case. The amount of compensation that a person can recover will depend on the specific facts and circumstances of their case. However, there are certain types of damages that are commonly awarded in hospital malpractice cases, including:

• Medical expenses - This may include the cost of all future medical care related to the negligent injury, such as long-term care or rehabilitative therapy.

• Lost wages - If the injuries caused by medical negligence prevent the patient from working, they may be able to recover damages for their lost wages.

• Pain and suffering - This type of damage is intended to compensate the patient for the physical pain and emotional anguish that was caused by the negligent injury.

• Wrongful death - If the patient dies as a result of their injuries, the patient’s family may be able to file a wrongful death claim against the hospital.

Punitive Damages in Hospital Malpractice Cases

In some cases, the court may also award punitive damages. Punitive damages are not meant to compensate the victim, but rather to punish the hospital or medical professional for their negligence. Punitive damages are only awarded in cases where the defendant’s actions were particularly egregious or reckless.

Settlement Versus Court Verdict

Most medical malpractice cases are resolved through a settlement between the parties, rather than a verdict through the court. If you or a loved one experienced negligent medical care at a hospital and you want to seek financial compensation for your damages, it is crucial that you work with a lawyer who is a skilled negotiator. Your lawyer will be able to negotiate with the hospital’s insurance company on your behalf and fight for a favorable settlement. In rare cases, a medical malpractice case may go to trial. However, a pre-trial settlement may still be possible. If no settlement is reached, the case advances to trial and a jury will ultimately decide whether the hospital is liable for damages and, if so, how much the patient should receive.

Contact Our Rockford Hospital Malpractice Lawyers

If you or a loved one has been injured due to hospital negligence, you may be entitled to compensation. An experienced Winnebago County medical malpractice lawyer from Mannarino & Brasfield, A Division of Schwartz Injury Law can provide the legal guidance you need. Call our skilled team at 815-215-7561 today for a free consultation.

Source:

https://www.illinoiscourts.gov/courts/circuit-court/illinois-pattern-jury-instructions-civil/