There is an implicit trust between doctors and patients. They are expected to keep us healthy, inform us of risks, and provide guidance on how to live a longer life. But if this trust is broken, the consequences can be disastrous. Medical malpractice is a serious offense that harms far too many Americans each year; it is estimated that care providers make avoidable errors in up to 15% of all medical interventions and one in three practitioners are sued for malpractice at some point in their careers.
If you or a loved one have suffered due to the negligence of a doctor or hospital system, you may wonder how much they’d be willing to settle for and if a lawsuit is even worth pursuing in the first place. As a lawyer who has been dedicated to helping victims of medical malpractice for the past twenty-five + years, it’s my firm position that justice is always worth pursuing.
Here, I’ll go over the various factors that influence settlement amounts, tips on how to maximize a settlement, and more.
Common reasons to sue a hospital
First, let’s examine some of the common reasons hospitals are sued. Like any other organization, hospitals should be held accountable for wrongdoing, especially when they put profits over people. When it comes to our health and wellbeing, the stakes are just so high!
- Malpractice: Medical malpractice is when a doctor or team of doctors deviates from professional standards of care which results in serious bodily harm or even the death of the patient.
- Wrongful death: Wrongful deaths in medical settings account for at least 250,000 deaths each year in the U.S.
- Negligence: Negligence is an umbrella term that includes, but is not limited to, failure to communicate, misdiagnosis, medical errors, failing to properly monitor, administering the wrong medication, and more. Negligence means “not complying with the standard of care,” or “not acting as a reasonably careful physician under the same or similar circumstances.”
How much do hospitals settle for in Illinois?
Fortunately, in Illinois there is no cap (limit) on damages. If a settlement is not reached before trial, a jury of your peers will determine the value of your case. Typical settlements and verdicts in medical malpractice cases are in the millions of dollars. Of course, the value of a case varies from case to case.
Here are some of the factors that influence settlements:
- Severity of injury: It comes as no surprise that this is one of the most important factors. If you’re left with a few broken bones, your settlement won’t be as high as someone’s who may have suffered permanent brain damage and needs twenty-four-hour care.
- Medical expenses (past and future): If you’ve spent more money on medical bills, future care, and medications, etc., chances are you’ll be entitled to more damages. This is especially true if the patient has lifelong injuries/disabilities as a result of the incident.
- Loss of income: Lost earning potential is another major factor we consider when seeking economic damages in a lawsuit. Say, for instance, you work a manual labor job, but a surgical error left you paralyzed from the waist down. Since you can no longer work the job you had, you could seek damages to cover future lost income.
- Non-economic damages: Non-economic damages cover non-monetary losses such as pain and suffering, psychological trauma, emotional distress, loss of companionship, and more. Even if the physical injury isn’t too severe, you may still have a case if you’ve suffered emotional hardship as a result of the incident.
- Comparative negligence: In Illinois law, the concept of comparative negligence is also taken into account. It allows a judge or jury to allocate fault among parties. So, hypothetically, if you were involved in a car crash and sue, but are found to be 50% at fault, you may only be awarded 50% of the money damages you seek.
The bottom line is that economic damages are meant to cover medical bills, lost wages, lost future earning potential, and other expenses that wouldn’t have been an issue were it not for the injury. This is why settlements range drastically on a case-by-case basis.
Maximizing your settlement and increasing chances of victory
Every case is different, but there are some things you can do to increase the odds of achieving a settlement. Keep in mind that if you engage the services of a knowledgeable personal injury attorney, they will help you with each step.
First, we’ll gather as much evidence as we can. This includes medical records, billing history, witness statements, police reports, previous correspondence with the hospital, photos/videos of the injuries, and expert testimony. We begin our investigation the minute you hire us.
Be ready to talk in depth with your attorney about your experience. Rehashing trauma is never easy, but it’s critical to recount everything down to the last detail in order to build a solid case and maximize potential money damages you are owed and deserve. Once your lawsuit is filed, a trial date is assigned. Your attorney will work hard to keep that trial date, but insurance companies and defendants always want to push the date out even further. They do this to hold onto their money that actually belongs to you. Most cases settle before trial, but good trial attorneys assume that every case will go before a jury. That is what makes good attorneys prepared.
Lastly, avoid common pitfalls that have the potential to lower a settlement amount. These include, but is not limited to:
- Inconsistent statements about the event in question
- Insufficient documentation
- Ignoring legal deadlines
- Accepting the first settlement offer, which is often lower than what it should be
- Delaying medical treatment
- Speaking with insurance companies without legal counsel/self-representation
- Impatience
- Posting on social media about your case, your injuries, and your life in general.
Brian Lewis works to maximize your settlements
I have almost three decades of experience in this field and have earned over 100 million in settlements for my clients. Now, I’m ready to help you too. The trauma of medical negligence, injuries sustained, and the time away from work during recovery can take a significant toll on physical and financial health. You should not have to worry about collecting and preserving evidence, ordering records, or any other steps involved in a lawsuit. That’s why I’m here for you.
So schedule a free consultation today and let’s get to work!
