Often, those who have sustained an injury can suffer more than just physical harm. Mental pain and suffering in connection with a harm, is a proper element of damages where it is the natural and proximate consequence of the injury. The applicable jury instruction for emotional distress in civil cases can be located in the Illinois Jury Pattern Instructions, Civil 30.05.01 (I.P.I. 30.05.01). It states “Measure of Damages – Emotional Distress – Past and Future. The emotional distress experienced [and reasonably certain to be experienced in the future.]” Illinois precedent indicates that emotional damages are distinct from pain and suffering and can be claimed in addition to those damages as a separate line-item jury instruction. The comment to I.P.I. 30.05.01 cites several cases that support this proposition including Babikian v. Mruz. In that case, the plaintiff endured multiple surgeries and hospitalizations as a result of complications from medical negligence, and subsequently suffered a decline in her mental health. 2011 IL App (1st) 102579. The plaintiff then sought treatment from psychologists and psychiatrists. The First District Appeals Court affirmed the verdict for the plaintiff in a medical malpractice action with separate line items for pain and suffering and emotional distress, explicitly finding that emotional distress damages are available to prevailing plaintiffs in cases involving personal torts such as medical negligence.

Read more: Separately Compensable Damages for Emotional Distress in Illinois Tort Cases

Julian Bailes, M.D., a local researcher and physician at Evanston’s NorthShore University HealthSystem, believes he has, alongside a team of researchers including Bennet Omalu, M.D. (portrayed by Will Smith in the 2015 biopic, Concussion), identified signs of Chronic Traumatic Encephalopathy (CTE) in medical imaging scans of living patients.  The recent findings center around a study of former NFL players that was conducted by the research team in 2013. 

Read more: Latest CTE Research Findings

The Appellate Court for the 4th District of Illinois has upheld a Plaintiff’s right to recover the full cost of his medical bills regardless of any write-offs made by the medical provider. “A state appeals panel has ruled that jury awards for medical bills in injury cases cannot be reduced to account for the amount

Read more: Plaintiff’s right to recover damages upheld

Publication: Cook County Jury Verdict Reporter
Published: 3/27/2015
(GGG 23/1) MEDICAL MALPRACTICE--KNEE REPLACEMENT COMPLICATIONS LEAD TO DROP FOOT (12M)

Celeste Trevino, Ignacio Trevino v Dr. Mitchell Sheinkop, Dr. Michael Lee, Midwest Orthopaedics at Rush, Neurologic & Orthopedic Institute of Chicago 09L-10604 Tried Jan. 2-22, 2015

Read more: Knee Replacement Complications Leads to Drop Foot (12M)

Advocates for changing how claims are filed and the limits on damages awarded, also known as tort reformers, have put forth the idea that medical malpractice lawsuits have created a phenomenon referred to as “defensive medicine.” The idea is that healthcare practitioners, especially emergency room physicians, fear that they may be sued if they miss something with a patient.

Read more: The Phenomenon of Defensive Medicine