How Much Does it Cost to Sue a Hospital?

Friday, December 27, 2024

How Much Does it Cost to Sue a Hospital?

Written by Malman Law, reviewed by Steve J. Malman.

When a hospital or one of its providers is negligent or participates in medical malpractice, you might be wondering if you can sue the hospital. The answer to that is yes. Your next question might be how much it will cost to file a lawsuit. The answer to that question is more complex. The hospital has teams of lawyers who will diminish your injuries and submit inadequate compensation offers. The costs associated with suing a hospital will be contingent on several factors.

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The Cost of Legal Representation

The biggest question victims have is how much legal services will cost. You are already handling mountains of debt and medical bills. The last thing you want is exorbitant legal costs, too. Our medical malpractice lawyers at Malman Law will make our services as accessible as possible. We want you to get the compensation you deserve without breaking the bank. As with most personal injury firms, we start with a free initial consultation.

We can further discuss the cost of legal services during the initial consultation. We will explain our costs and any charges you may encounter throughout your case. We will also examine case viability, such as who is responsible and if you can request damages. The compensation you may receive and your right to compensation will also be discussed within an initial consultation. We can also answer any questions you may have about your potential claim.

If you and the attorney decide to move forward, they will likely be working on a contingency fee. While they were addressed during your consultation, it is essentially a fee structure where plaintiffs pay nothing upfront. So, the attorney will only get paid upon case resolution. The payment will be a percentage of your settlement. This means you can afford legal representation when you are suing a hospital.

Fees That May Arise From a Medical Malpractice Claim

If you file a medical malpractice claim independently, you can be responsible for several fees. Conversely, a medical malpractice attorney can handle these fees for you if they represent you. These fees include:

• Filing fees: when pursuing a lawsuit, you must file documents with the local court. Initial and additional filing costs depend on how many motions and other necessary steps.
• Graphics and charts: you may have to craft or research charts and graphs relevant to your case. These will then be presented to the defense or during trial. There are fees associated with creating these.
• Expert witness fees: you will need medical experts to review your medical files and history. Their reviews and testimony come at a cost. They can place their costs independently, which can be thousands of dollars.
• Financial professional costs: to determine the total value of your case, a financial expert could be necessary. They can assess future lost income and medical expenses.

Ultimately, when you begin to tally up all the costs of filing a medical malpractice lawsuit, you would be looking at thousands in expenses. You should ask yourself if you can afford these fees or if you would prefer that a legal team handle them.

How Much Can You Sue a Hospital for Negligence in Illinois?

Illinois has no cap on how much can you sue a hospital for negligence in a medical malpractice case. This includes both economic damages, such as medical bills and lost income, and non-economic damages, such as pain and suffering. Before 2010, Illinois had a cap on non-economic damages, but the Illinois Supreme Court overturned this.

The value of a medical malpractice claim depends on several factors, including:

• The severity of the negligence: Cases involving egregious mistakes, such as a surgical error or misdiagnosis, tend to result in higher settlements.
• The significance of the injury: Permanent disabilities, scarring, or life-altering injuries generally lead to higher compensation.
• Patient negligence: If the injured party is partially responsible for their injury, the compensation may be reduced.
• The defendant’s insurance policy: The limits of the at-fault hospital or provider’s insurance policy can impact the settlement amount.

Here are examples of damages that can be included in a medical malpractice claim:

• Medical expenses (past and future)
• Lost income or diminished earning capacity
• Pain and suffering
• Emotional distress
• Scarring and disfigurement
• Burial and funeral expenses (in wrongful death cases)

Nevertheless, Illinois does not allow punitive damages in medical malpractice lawsuits. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are intended to punish the defendant. This prohibition is outlined in Illinois law. 

In 2022, the average payout for a medical malpractice claim in Illinois was $1.3 million, with a median payout of $500,000. This illustrates the wide range of potential compensation depending on each case’s specific circumstances.

Please read Malpractice vs. Negligence

What Evidence Do You Need to Sue a Hospital for Negligence?

To successfully sue a hospital for negligence, you must provide compelling evidence to prove that the hospital or healthcare provider failed to meet the accepted standard of care. This typically involves gathering both documentation and expert testimony. Some essential types of evidence include:

• Medical Records:
  These will show the care you received, including diagnoses, treatment plans, and any discrepancies that may suggest negligence.
• Expert Testimony:
  Illinois law requires that you submit an affidavit of merit with your lawsuit, including a written opinion from a qualified healthcare professional stating that your claim has merit. 
• Witness Statements:
  Testimonies from other medical professionals, hospital staff, or individuals who witnessed the events can support your case.
• Documentation of Damages:
  There must be evidence of financial losses, such as medical bills and lost wages, as well as proof of non-economic damages, like pain and suffering.

Thoroughly gathering and presenting this evidence is critical to building a strong case. A skilled medical malpractice attorney will guide you through the process to ensure that all necessary documentation is obtained.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

What Are the Signs of Hospital Negligence?

Hospital negligence occurs when a hospital or its staff fails to provide the expected standard of care, harming a patient. Common examples include surgical errors (e.g., wrong procedures or leaving instruments inside a patient), misdiagnosis or delayed diagnosis, medication errors, inadequate staffing, and poor sanitation leading to infections. Identifying these issues early can help you determine if legal action is warranted.

How Long Do You Have to Sue a Hospital for Negligence in Illinois?

In Illinois, the statute of limitations for medical malpractice lawsuits is generally two years from when the injury was discovered (or should have been) or four years from the malpractice date, whichever comes first. Exceptions include:

• Minors: The deadline extends to eight years from the malpractice or until the victim turns 22.
• Concealed Malpractice: Extended if negligence was not immediately apparent.
• Wrongful Death: Must file within two years of the victim’s death.
• Disability: Paused until the disability ends.
• Fraudulent Concealment: Extended to five years if negligence. 
• Absent Defendants: Time outside Illinois doesn’t count toward the deadline.

Given these intricacies, promptly consulting a medical malpractice attorney is critical to protecting your rights and ensuring your case is filed on time.

Is it Worth Filing Medical Malpractice Claims?

Often, many lawsuits regarding hospitals are the result of medical malpractice. Contingency fee terms can quell some fears, but they can bring up more for others. Some people may consider whether it is worth filing a medical malpractice claim. Remember, once your case is resolved, your attorney will work with medical providers to pay your medical bills. Sometimes, you will pay less than you thought. In most cases, you will have a substantial amount left over.

You could have substantial medical treatments and expenses that result from medical negligence or malpractice. The more invasive the new treatment you require, the higher your medical bills can be. You may also need assistive devices to go about your daily life. Home and vehicle modification are also costs you can encounter. Some injuries will leave people with ongoing medical bills. You can cover all these losses if you recover a medical malpractice settlement. These funds may not make you complete again, but they can help you rebuild your life.

Is Hiring a Medical Malpractice Lawyer Worth It?

When you compare the pros and cons, you may find that legal representation is your best route. Some plaintiffs will try to handle these claims independently. It is your right and decision what to do. There are some benefits to having legal support from a personal injury attorney, such as:

• Increase your compensation recovery: substantial information suggests injury victims who work with a lawyer often get higher settlement offers. This is compared to people who handle these cases independently. Defendants are more likely to take the claim seriously than when you do not have any representation. You can also understand the compensation you could be entitled to, which may include items you had not previously thought of.
• Build your case: since attorneys have experience handling similar cases, they can effectively build a case. Without legal experience, you could be left having to take the claim process, file motions, create a demand package, and attend court hearings. Despite medical treatment and other hardships, you will be responsible for these tasks. You will also have to take on any expenses from the legal process, like filing fees.
• Alleviate stress: when the hospital knows you are handling your case alone, they will throw additional stress your way. They will put you before a review board, bombard you with legal documents, and more. It can be an extra layer of stress you did not need or expect. A personal injury lawyer will alleviate your stress by dealing with the hospital review board, insurance adjusters, and opposing counsel.

Fees That May Arise From a Medical Malpractice Claim

If you file a medical malpractice claim independently, you can be responsible for several fees. Conversely, a medical malpractice attorney can handle these fees for you if they represent you. These fees include:

• Filing fees: when pursuing a lawsuit, you must file documents with the local court. Initial and additional filing costs depend on how many motions and other necessary steps.
• Graphics and charts: you may have to craft or research charts and graphs relevant to your case. These will then be presented to the defense or during trial. There are fees associated with creating these.
• Expert witness fees: you will need medical experts to review your medical files and history. Their reviews and testimony come at a cost. They can place their costs independently, which can be thousands of dollars.
• Financial professional costs: to determine the total value of your case, a financial expert could be necessary. They can assess future lost income and medical expenses.

Ultimately, when you begin to tally up all the costs of filing a medical malpractice lawsuit, you would be looking at thousands in expenses. You should ask yourself if you can afford these fees or if you would prefer that a legal team handle them.

Why You Should Contact Malman Law for Medical Malpractice Cases in Chicago

Located at 205 W Randolph St #1700, Chicago, IL 60606, Malman Law has decades of experience representing medical malpractice victims across Illinois. Our firm has secured millions in compensation for clients and offers free, no-obligation consultations to evaluate your case. With a contingency fee structure, you pay nothing unless we win. Call us at 1-888-625-6265 to pursue justice and fair compensation today.

Working With Our Medical Malpractice Lawyers

When you need legal assistance to sue a negligent hospital, hiring a medical malpractice attorney is best. You make the right choice when you work with Malman Law. We can navigate the medical malpractice process. We fight for fair compensation for our clients. We have recovered millions for our clients. Schedule an initial consultation today.