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Overview of Medical Malpractice Claims (Part B)

Vicarious Liability in Illinois

Hospitals can be found liable in an Illinois medical malpractice claim when an employee of the hospital is found to be negligent while on the job. Additionally,

a hospital can be held vicariously liable for negligence on behalf of an independent contractor physician if:

• They act in a manner that leads a patient to believe that the physician is an employee of the hospital
• The patient reasonably relies upon physician's conduct

This type of liability is important in the event that a patient is negligently injured by someone who acted as an employee of the hospital but turned out not to be. The hospital can be held liable for damages.

Caps on Compensatory Damages

In the state of Illinois there are no caps on compensatory damages for Illinois medical malpractice claims. However, it is important to note that Illinois does not allow for punitive damages related to medical malpractice claims. Victims are also generally barred from recovering compensation if they are found to be more than 50% responsible for their own injuries.

Caps on Attorney Fees

There are caps on attorney fees in the state of Illinois. In a medical malpractice claim, fees for attorneys are limited to:

• 33 1/3% of the first $150,000 recovered,
• 25% of the next $850,000 recovered; and
• 20% of any amount over $1,000,000

The attorney, however, may petition the court for additional fees if their services entailed a great deal of time and effort, above the normal circumstances.

You should always talk to a lawyer about their specific attorney fees and fee schedules before you retain their legal services.

Contacting a Chicago Medical Malpractice Lawyer

At the Law Offices of Barry G. Doyle, P.C, our Chicago medical malpractice attorneys will examine all aspects of your claim, determine liability, and aggressively pursue the full amount of compensation due to you or your loved one for any injuries or loss of life due to medical malpractice. Contact us today for a free case evaluation - 312-263-1080.

The Law Offices of
Barry G. Doyle, P.C.
5215 Old Orchard Road
Suite 710
Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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