How are damages typically calculated in a medical malpractice case?

Medical malpractice claims often appear to be among the most lucrative of personal injury cases. However, these high-dollar verdicts are quite often deceiving, as juries are routinely tasked with compensating the victim for his or her entire life, including the costs of lifelong medical care, lost wages, lost opportunities, and a reduced quality of life.

In one recent case, an Indiana woman was awarded $14 million by a Chicago jury after a lengthy trial involving allegations of severely-botched medical procedures, resulting in lifelong brain damage for the 56-year old victim. According to the lawsuit filed against both the Advocate Good Samaritan hospital – located in Downers Grove, Illinois – and her physicians individually, the victim underwent a bariatric surgery resulting in permanent brain damage, conclusively due to the negligence of both doctors involved.

In 2010, the patient sought the medical counsel of both doctors for the treatment of obesity. Accordingly, she was scheduled for a gastric bypass procedure wherein a portion of the stomach is restricted to decrease the amount of food the patient can consume. Knowing she was taking a blood thinning medication, the doctors ordered an anti-coagulant (or so they thought) to be administered prior to the procedure. In fact, the doctors negligently ordered the wrong medication and the patient suffered extensive internal bleeding, causing her to permanently lose mental cognition.

While the hospital settled with the woman privately for $5 million, the doctors opted to take their case to trial. During the proceeding, the patient testified that she is no longer able to walk, and relies on the round-the-clock assistance of her family to provide for her daily needs. Moreover, she stated that she is no longer able to homeschool any of her four children, and that her marriage relationship has suffered irretrievably as a result of the incident.

In order to compensate the victim for her losses, a Chicago jury awarded her another $9 million to ensure her medical care, lost wages, lost future opportunities, and pain and suffering were adequately redressed.

As one of Chicago’s premier personal injury and medical malpractice law firms, we can help you if you are facing a situation similar to that described above. To learn more about the medical malpractice lawsuit process, please call (847) 244-1436.