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.

Real Results: Compensation for Emotional Distress

We have obtained some of the highest medical malpractice case results in the state, specifically securing millions of dollars for the emotional toll injuries take on our clients:

$32.7 Million Verdict for Delayed Diagnosis of Blood Clot: In October 2023, a Cook County jury awarded a record $32.7 million to William “Billy” Fern, a 25-year-old man who required a foot amputation after doctors failed to diagnose a blood clot. Understanding the profound mental impact of this injury, the jury’s award specifically included $3.6 million for past emotional distress and $3 million for future emotional distress, in addition to damages for loss of a normal life, pain and suffering, and disfigurement.
$75.8 Million Verdict for Birth Injury: In February 2024, a jury awarded $75,859,000 to a young girl who suffered permanent brain damage and physical injuries due to medical negligence during her delivery at the University of Chicago Hospital. The damages awarded to the child included significant compensation for past and future emotional distress, alongside awards for pain and suffering, loss of a normal life, and disfigurement.

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.
Causal Connection to Negligence – You must demonstrate that the distress is a direct result of the defendant’s negligence.

Exceptions to the Impact Rule: Zone of Danger & Special Relationships

While the “impact rule” is the standard, Illinois courts recognize key exceptions where you may recover damages without a direct physical impact:

The “Zone of Danger” Rule: This exception often applies to bystanders. If you were in a specific zone of physical danger and, because of the defendant’s negligence, had a reasonable fear for your own safety, you may have a claim for emotional distress even if you were not physically touched.
Special Relationship Exception: In certain cases, such as the mishandling of a corpse or specific wrongful death scenarios, courts have recognized that the nature of the relationship between the plaintiff and the defendant implies a duty to avoid causing emotional harm, even without physical injury.

Is Expert Testimony Required?

While a licensed mental health professional is crucial for building a strong case, the Illinois Supreme Court ruled in Thornton v. Garcini (2010) that expert testimony is not strictly legally required to prove negligent infliction of emotional distress if the lay testimony (from you and your family) is compelling enough. However, at Salvi, Schostok & Pritchard P.C., we strongly advise and utilize professional evaluations to substantiate the extent of your distress and maximize your potential recovery.

No Caps on Compensation for Emotional Distress in Illinois

One of the most critical aspects of filing a claim in Illinois is that there are no statutory caps on non-economic damages, which include compensation for pain and suffering, loss of enjoyment of life, and emotional distress.

In the landmark 2010 case LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court ruled that caps on non-economic damages were unconstitutional. This means that if you have suffered profound emotional trauma, a jury is free to award you the full amount of compensation they believe is fair, without an arbitrary limit set by politicians. This allows our attorneys to fight for a settlement or verdict that truly reflects the magnitude of your suffering.

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,” need to discuss “loss of enjoyment of life” damages, 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.

Emotional Distress Claim FAQs – Answered by Salvi, Schostok & Pritchard P.C.

What is the deadline (Statute of Limitations) for filing an emotional distress claim in Illinois?

In Illinois, because an emotional distress claim is typically part of a medical malpractice lawsuit, it is subject to the same statute of limitations. Generally, you must file a claim within two years of the date you knew, or reasonably should have known, of the injury. However, Illinois also has a Statute of Repose, which generally bars any claim filed more than four years after the act of negligence occurred, regardless of when it was discovered. Different rules apply to minors. Because these deadlines are strict, it is critical to consult an attorney immediately.

What is the difference between NIED and IIED in terms of required proof?

The main difference lies in the intent and the nature of the conduct:

Negligent Infliction of Emotional Distress (NIED) requires proving the provider made a mistake (breached the standard of care) that directly caused your distress. You typically must prove a physical impact occurred (the “impact rule”) or that you were in the “zone of danger.”
Intentional Infliction of Emotional Distress (IIED) requires proving the provider’s conduct was “extreme and outrageous” (going beyond all bounds of decency) and that they intended to cause you severe distress or knew there was a high probability it would occur. IIED does not strictly require a physical impact.

What common emotional or psychiatric disorders (beyond PTSD) are compensable?

While Post-Traumatic Stress Disorder (PTSD) is common, you may also recover damages for other debilitating conditions resulting from malpractice, including:

Major Depressive Disorder
Severe Anxiety or Panic Disorders
Sleep disorders (Insomnia, Nightmares)
Iatrophobia (an intense, irrational fear of doctors or medical care)
Adjustment Disorders
Personality changes affecting relationships

How long does a medical malpractice emotional distress case typically take to resolve in Illinois?

Medical malpractice cases are complex and often take longer than standard personal injury claims. In Illinois, a case typically takes anywhere from 18 months to three years (or longer) to resolve. This timeline includes the initial investigation, filing the lawsuit, the discovery phase (depositions and gathering evidence), and expert witness review. If the case goes to trial rather than settling, the timeline usually extends further.

Can I recover damages for my spouse’s or family’s emotional distress?

Yes, under specific legal theories. A spouse may file a claim for Loss of Consortium, which compensates for the loss of companionship, affection, and intimacy resulting from the victim’s injuries. Additionally, family members who were present and witnessed a traumatic medical error may potentially sue for their own emotional distress under the “Zone of Danger” rule if they can prove they were also at risk of physical harm and suffered physical manifestations of distress.

What evidence is needed to satisfy the “Severe Emotional Distress” standard?

In Illinois, “severe” means the distress is so intense that no reasonable person could be expected to endure it. To prove this, you generally need:

Medical documentation of a diagnosis (e.g., anxiety, depression).
Therapy or counseling records showing ongoing treatment.
Proof of physical symptoms caused by the stress (e.g., weight loss, ulcers, hair loss).
Witness testimony from friends or family detailing how your daily life and functionality have deteriorated since the incident.