Saturday, March 12, 2011

Theories of Recovery in Illinois Medical Malpractice Cases

One of the guiding principles in our civil legal system is that the law has a remedy for every wrong.  More often than anyone would like, the remedy cannot fully compensate an individual or a family for their loss.  However, any competent personal injury attorney should have as their goal achieving the best possible remedy for the wrongs suffered by their clients.  In the case of medical malpractice matters, the theories of recovery and damages that are recoverable are generally the same as in any other personal injury matter. 

The "Damages" that are recoverable can be found in the Illinois Pattern Jury Instructions:
  1. (physical) pain and (mental) suffering;
  2. disfigurement;
  3. disability/loss of normal life;
  4. aggravation of preexisting ailment or condition (not an element of damages, but a consideration);
  5. increased risk of future harm;
  6. past and future pain and suffering;
  7. emotional distress;
  8. reasonable expense of necessary medical care, treatment, and services, past and present;
  9. lost earnings or profits and those reasonably certain to be lost in the future; and
  10. reasonable and necessary caretaking expenses, present and future;
  11. lost chance doctrine.
It is the medical malpractice attorney's job to ensure that each element of damages applicable to a case is fleshed out in its entirety.  It is the attorney's job to marshal the facts of the case and to procure witness testimony to support their client's claim for compensation.  Ultimately, it is the jury who decides the amount of damages. 

An accomplished medical malpractice attorney will be able to take the facts of your case, and turn them into an argument for deserved compensation.  If you suspect that you have been injured because of medical malpractice, contact an attorney at The Law Offices of Adam J. Zayed, P.C. today.


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