Emotional distress caused by Medical Malpractice

Emotional Distress in Medical Malpractice Claim

If you have suffered emotional distress caused by medical malpractice, you likely understand the toll that such an experience can take on your life. You might feel helpless and frustrated, with possible physical symptoms that disrupt your everyday routine — not to mention a likely strain on your finances. At Salvi, Schostok & Pritchard P.C., we have over 20 lawyers and 35 staff members ready to fight for the compensation you deserve. Negligent medical practitioners and facilities should be held accountable, and we have the experience and resources to do just that. Call today for a free case consultation. 

How an Experienced Medical Malpractice Attorney Can Help You with an Emotional Distress Claim

An attorney with experience in medical malpractice understands the intricacies of these cases. They can work to demonstrate the impact of the psychological injury and emotional trauma on your life. Medical malpractice cases are complex, and the other side will have legal counsel who might try to negate your emotional distress claim.

A qualified medical malpractice lawyer can optimize the likelihood of a positive outcome by:

  • Helping you understand the legal requirements for emotional distress claims in Illinois
  • Working with mental health experts who can explain the extent of your psychological trauma 
  • Identifying and gathering relevant medical records to support your case and the need for mental health counseling to support your emotional distress damages
  • Preparing your claim to meet all legal standards to pursue total compensation for severe emotional distress
  • Securing expert testimony to support your emotional distress and medical malpractice case

At Salvi, Schostok & Pritchard P.C., our attorneys have extensive experience handling medical malpractice claim.

We have obtained some of the highest medical malpractice case results in the state, including 

  • $75.8 million in a birth injury jury verdict
  • $50.3 million in a birth injury verdict
  • $32.7 million in a medical malpractice jury verdict 
  • $29.1 million in a medical malpractice bench verdict
  • $27.5 million in a medical malpractice settlement
  • $25 million in a birth injury settlement

We have a process to obtain the compensation you deserve. Here’s how we can help:

  • Assessment of Your Case – We offer a free consultation to review your situation, answer questions, and determine whether your claim qualifies for financial compensation for emotional distress.
  • Guidance Through Legal Processes – From submitting documents to negotiating with insurers, we manage the legal and administrative tasks so you can focus on your recovery.
  • Assistance in Getting Documentation – Gathering evidence and ensuring all records are complete and compelling is critical. We help you assemble a comprehensive file that includes medical records, mental health assessments, and expert testimony to prove psychological injury.

If you have developed Post-Traumatic Stress Disorder (PTSD), severe anxiety, or another psychological or psychiatric disorder due to a healthcare provider’s negligence, contact an experienced medical malpractice lawyer from Salvi, Schostok & Pritchard P.C. today.  

What You Must Prove Under Illinois Law to Recover Compensation for Emotional Distress

Illinois follows a rule known as the “impact rule” when considering emotional distress in a medical malpractice claim. According to this standard, you must present evidence of the following legal elements:

  • Direct Physical Impact or Injury – You must show that a physical impact or injury directly led to or significantly contributed to your emotional injuries. This can include any physical injuries, harm, or trauma that you endured as a direct result of the medical incident, reinforcing the legitimacy of your emotional distress claim.
  • Severe Emotional Distress Affecting Daily Life and Mental Health – Your emotional distress must be severe enough to interfere with daily life, affecting work, relationships, or overall quality of life. Evidence might include missed workdays, withdrawal from social activities, or documented difficulties in managing daily routines, all of which can help demonstrate the chronic mental health issues you are suffering from in relation to the injuries you sustained.
  • Support from a Licensed Mental Health Professional – A licensed mental health professional must link your psychological injury to the medical negligence, confirming that your emotional distress is real and directly connected to the incident. This can involve professional evaluations, ongoing therapy notes, a clinical diagnosis, and expert opinions that outline the extent of your distress and its root cause.

The impact rule does have exceptions, such as some instances that may allow for emotional distress claims without physical injury if the malpractice was particularly egregious. For example, patients who witnessed a traumatic medical error or suffered a direct betrayal of trust from a healthcare provider may still qualify for financial compensation for emotional distress.

It can be challenging to sue a hospital for emotional distress without help from qualified medical malpractice lawyers. Our legal team has extensive experience handling emotional distress cases and can help establish that the medical malpractice has a substantial and observable impact on your life and that you deserve fair compensation for the physical pain, emotional harm, mental anguish, and other non-economic damages you have suffered. 

Evidence to Prove Emotional Distress

Insurance companies and the court require solid evidence to clearly link the medical malpractice injury and an emotional distress claim. Collecting this information alone can be complex and daunting, but a skilled medical malpractice attorney can gather and analyze evidence more effectively. Comprehensive evidence establishes a compelling case, linking the medical mistake to your emotional suffering. This evidence might include:

  • Medical records detailing treatments and any mental health counseling necessary that addresses the psychological trauma resulting from the malpractice
  • Statements from mental health professionals that document the nature and intensity of your psychological injury, illustrating its direct connection to the malpractice
  • Personal accounts, such as diaries, that reveal how emotional distress disrupts your daily life, work performance, social relationships, and overall well-being
  • Testimony from loved ones who observed noticeable changes in your behavior or emotional health after the incident, offering an outside perspective on your emotional distress and its impact

Intentional Infliction of Emotional Distress vs. Negligent Infliction of Emotional Distress

In Illinois, the law recognizes both negligent and intentional infliction of emotional distress. These two forms differ in terms of the intent and behavior of the healthcare provider, as follows:

  • Intentional Infliction of Emotional Distress (IIED) – To prove IIED, you must show that the behavior of the hospital or medical professional was extreme or outrageous, their conduct was intended to cause distress or was likely to do so, and you suffered severe emotional distress as a result.
  • Negligent Infliction of Emotional Distress (NIED) – To demonstrate NIED, you must prove that the healthcare provider’s conduct was negligent, that their negligence directly caused your emotional trauma, and the emotional distress you suffered is severe and can be documented with medical records.

Contact Our Medical Malpractice Attorneys for a Free Consultation to Discuss Your Emotional Distress Claim

If you have suffered emotional distress due to medical malpractice, you do not need to go through this process alone. Whether you need advice on the impact rule or are ready to proceed with your emotional distress lawsuit, Salvi, Schostok & Pritchard P.C. provides compassionate and dedicated legal support. Our experienced attorneys are here to explain your options and guide you through each step of your case. Contact our award-winning firm today to schedule a free consultation and learn more about pursuing your emotional distress claim.