Medical errors kill almost 100,000 Americans every year. When a death occurs, it can be very tragic for those left behind.
In these difficult situations, family members have the opportunity to pursue justice. That’s because you can file a medical malpractice claim if a loved one died in Illinois. You may be able to pursue a claim under the:
- Illinois Wrongful Death Act, which requires the personal representative or the executor of the estate to pursue a claim.
- Illinois Survival Act, which makes it possible for the estate to recover compensation for the harm suffered between the time of injury and the time of death.
Gill Ports Hoste LLC can help you understand the available claims and maximize damages. To find out more about how our firm can help you, give us a call or contact us online today.
Claims under the Illinois Survival Act
The Illinois Survival Act allows the personal representative of the estate of the deceased to pursue a claim for damages on behalf of the deceased. This will cover the damages that the deceased person could have obtained if they survived, including:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
The estate of the deceased will receive this compensation, which can be distributed according to the will or under the state’s intestate succession laws.
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Claims under the Illinois Wrongful Death Act
The Illinois Wrongful Death Act allows the personal representative of the deceased to pursue a claim for damages resulting from the death. Compensation for damages may include payment for:
- Funeral expenses
- The loss of income the family would have benefited from if the deceased had not been killed
- Loss of companionship due to the untimely death
What you must prove to file a malpractice claim after a death
To pursue a survival claim or a wrongful death claim, you must be able to prove the elements of a malpractice case. This means you must be able to demonstrate the following:
- The defendant had a duty or obligation to the deceased. This duty generally arises out of the doctor-patient relationship.
- The defendant breached the duty. The care they provided fell below an acceptable professional standard of care, or below what a reasonably competent professional with similar training would have offered.
- The breach of duty was the cause of harm: You’ll need to show the death resulted from the medical care provider’s failures. This can include both acts and omissions.
- Damages occurred as a result. This will be either the wrongful death damages or the survival act damages, including things like lost companionship and medical bills incurred before death and funeral expenses.
Gill Ports Hoste LLC will help you to gather the necessary evidence to prove your claim so you can get the compensation you deserve when the negligence of a medical care provider causes your loved one to pass on.
Contact a Chicago medical malpractice lawyer today
There is a lot of money at stake in wrongful death claims. Gill Ports Hoste LLC has been representing malpractice victims for over 100 years, and we have the knowledge, skill, and experience necessary to build a strong case. Contact us today to schedule your free consultation with a Chicago medical malpractice lawyer to learn how we can help.