All Posts

Posted in Personal Injury on October 21, 2021   |  by Gary Burger

Medical Malpractice Damage Caps in Illinois

Medical malpractice damage caps in Illinois. The medical malpractice lawyers at Burger Law work tirelessly to make things right after you have been affected by medical malpractice. Call us now at (314) 500-HURT for a free consultation.

For over 20 years, our attorneys have taken on some of the biggest cases in the medical malpractice field. The largest monetary judgments have come since the state ended medical malpractice damage caps in Illinois.

Medical malpractice can arise in many forms — a misdiagnosis, failure to have or use necessary tools or skills, improper treatment, delay in treatment, failure to follow up, failure to order tests or properly evaluate results and prescription errors. The law allows you to demand compensation for your medical bills and lost wages, as well as payment in recognition of your pain and suffering and other damages.

Prior to 2010, there were medical malpractice damage caps in Illinois on how much a plaintiff could receive in non-economic damage claims. At that time, the damage caps were $500,000 for cases involving a negligent doctor or medical professional, and $1 million for a case against a medical facility.

But, in the case of LeBron v. Gottlieb Memorial Hospital in 2010, the Illinois Supreme Court ruled these caps unconstitutional. Therefore, there are now no medical malpractice damage caps in Illinois. This includes economic and noneconomic damages that cover medical expenses, lost wages, rehabilitation costs, pain and suffering, emotional trauma, scarring and any other negative effects stemming from the injuries caused by the malpractice.

Medical Malpractice Damage Caps in Illinois

The medical malpractice lawyers at Burger Law look for the 4 Ds of medical malpractice before taking a case:

  1. Duty
  2. Dereliction (negligence or deviation from the standard of care)
  3. Damages
  4. Direct cause

Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found. Now that there are no medical malpractice damage caps in Illinois, the attorneys at Burger Law can work to get you the best compensation for your case. Call (314) 500-HURT now.

Once a doctor-patient relationship is formed, the doctor owes the patient a duty of care, meaning that the doctor is held to a certain standard. The patient has placed trust in the doctor and the facility. This “duty of care” is a legal requirement and if they breach the duty and cause harm, they can be held liable.

Now that there are no medical malpractice damage caps in Illinois, the medical malpractice lawyers at Burger law can fight to get you the maximum compensation available. Call us immediately at (314) 500-HURT.

Medical Malpractice Damage Caps in Illinois | Burger Law

Your trust in a medical professional or facility has been shattered. This should not happen. Ever. You need someone working on your side immediately. The medical malpractice attorneys at Burger Law have the experience to fight for you. For your lost trust. For your recovery.

Contact us immediately for a free consultation of your medical malpractice claim. Call (314) 500-HURT now.

Schema