Say you’re going to your doctor for a routine procedure, but the anesthesia doesn’t take properly. Or the doctor provides the wrong treatment. Or they administer the wrong medication.
This is the reality for all too many Americans on an annual basis. In fact, medical errors are consistently among the top causes of death in the United States. The amount of trust we place on our medical system to keep us safe and healthy exacerbates how harrowing this statistic is, but it’s important to keep in mind death is not the only consequence in cases of medical negligence ā physical and emotional distress are also in the mix.
Emotional distress is particularly insidious. It can lead to depression, anxiety, PTSD, and a host of other issues that affect your daily life.
But can you actually sue a hospital for emotional distress in the State of Illinois? Here, I’ll break down emotional distress in legal terms, what you need to know before considering a lawsuit, and what you’ll need to prove your case if you decide to take on a medical system.
Can You Sue a Hospital or Doctor for Emotional Distress in Illinois?
In short, yes. It is possible to sue a hospital for emotional distress in the State of Illinois. However, you’ll need to understand the types of emotional distress recognized under Illinois law, as well as have an experienced medical negligence attorney in your corner if you want to be successful.
The Substance Abuse and Mental Health Services Administration (SAMHSA) defines warning signs and risk factors for emotional distress as follows:
- Anger or lashing out at others
- Eating or sleeping too little or too much
- Overwhelming sadness/depression
- Self isolation from social groups and hobbies
- Lethargy or tiredness
- Unexplained aches and pains
- Substance abuse
- Suicidal or homicidal thoughts
- Difficulty adjusting to your normal routine
All of these signs and more can follow a traumatic incident, such as experiencing negligence from medical professionals. If you or a loved one exhibit any of the signs above, you may be suffering from emotional distress. Call or text 988 if you’re having a crisis and schedule a free consultation with me if you want to pursue a legal case.
Understanding Emotional Distress IIED vs. NIED
First and foremost, we need to build your case. In Illinois law, as well as other states, there are two types of emotional distress: Intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). Here are a few key differences:
- IIED: When one party deliberately engages in extreme activities or behavior meant to cause emotional distress. The behavior must be deemed beyond the bounds of decency and intolerable to a civilized community. This could include assault, threats of physical harm, harassment, and more.
- NIED: When one party’s actions cause emotional distress to another even if it was not malicious or intended. This occurs in cases where standards of care are not followed, the doctor breached their duty of care, etc.
What Do You Need to Prove When Suing a Hospital or Doctor for Emotional Distress?
In order to file a successful lawsuit, there are a few key elements we’ll need to prove.
Duty of Care
Doctors and hospitals have to follow what’s called ‘Duty of Care’, which establishes basic standards which they must follow. This is to ensure that they are responsible for each and every patient that comes through their door and they will comply with the standard of care while taking care of them.
In a court of law, this just means that we need to first establish there was indeed a doctor-patient relationship between you and the medical organization. This is easily established and often admitted.
Breach of Duty
Once a Duty of Care is established, we must then prove the offending party or parties breached that duty. This is called Breach of Duty. This could include, but is not limited to misdiagnosis, surgical errors, not communicating critical info, administering the wrong medication, failing to provide follow up care, and more.
Causation
After we establish that medical staff had a Duty of Care and breached that duty, intentionally or not, we must then prove that said breach of duty is a cause of your emotional distress. This part of the process is very personal and varies on a case-by-case basis, so a skilled attorney will help you draw those parallels and present them in a court of law.
What to Expect When Suing a Hospital for Emotional Distress
Step 1 ā Contact an attorney. If you’re suffering from emotional distress, it can be hard to know where to start. A personal injury attorney will guide you through every step and handle the bulk of the work so you can minimize stress wherever possible.
Step 2 ā Gather evidence. Your case will only be as strong as the evidence behind it. Your attorney will help you collect documentation including psychiatric evaluations, counseling records, prescribed medications, impact and witness statements, employer statements, medical bills, lost income documentation, written correspondence, expert testimony, and photos or videos.
Step 3 ā File a claim. Once a solid case is built, your attorney will file the claim. The hospital or physician will be served, and the discovery phase begins ā when both sides exchange information and evidence.
Step 4 ā Negotiate or go to trial. Settlement negotiations typically follow discovery. If a settlement isn’t reached, the case proceeds to trial.
However, keep in mind that attorneys such as myself operate on contingency fees, meaning I don’t get paid from you until your case is won or a settlement is reached. This way, you won’t have to worry about a drawn out case that will empty your bank account. You only pay my fee if I win your case. There is absolutely no risk to you whatsoever.
Don’t know where to start? Start with Brian Lewis.
Brian Lewis is a seasoned medical malpractice and negligence attorney who has helped hundreds of clients find the monetary damages and justice that they deserve.
Whether youāve been through emotional distress or have lost a loved one due to someoneās negligence, Brian will walk you through every step of the process, taking the burden off your shoulders and giving you the knowledgeable representation that you and your loved ones deserve. Brianās litigation experience and passion to hold people accountable have allowed him to earn more than $100 million in damages throughout the course of his career.
Find out how he can help you today!
