Illinois state law allows wrongful death claims against the responsible party when medical malpractice causes the death of a loved one. The personal representative of the deceased’s estate brings the wrongful death claim in medical malpractice cases in Chicago. This is typically the surviving spouse but may also be a parent in cases of the wrongful death of a minor child or an adult child without a surviving spouse. Medical malpractice cases that result in wrongful death bring some additional damages such as:
Funeral and burial expenses
Loss of earnings and benefits
Loss of companionship, guidance, and support
These are often in addition to damages such as medical expenses and emotional anguish. While recovering financial damages cannot bring back a loved one or undo the harm, it can help the family members left behind to move through their grief and anguish with fewer financial worries.