What Damages Can I Claim for Medication Errors in Illinois?

 Posted on June 15, 2025 in Personal Injury

If a pharmacy gave you the wrong medication or your doctor prescribed you an incorrect drug, the consequences could be devastating and sometimes even fatal. If you or someone you loved developed complications due to this kind of medication error, this could be a type of medical malpractice that is actionable under Illinois law and for which you may be entitled to damages in a personal injury lawsuit. 

Understanding what damages you can recover and the legal process involved can help you make informed decisions about pursuing a claim. Speak to the experienced Cook County, IL personal injury attorneys at Dickler, Kahn, Slowikowski & Zavell, Ltd. to understand the strength of your medical malpractice case. 

Can You Make A Claim Damages for Medication Errors? 

In Illinois, you may file a personal injury lawsuit to recover damages caused by a medication error, but you must first establish negligence by proving that your healthcare provider or pharmacist failed to meet the accepted standard of care. You must also ensure that your claim is filed within two years from the date you discovered the injury and no more than four years from the date of your actual injury in order to abide by the Illinois statute of limitations and statute of repose. 

What Potential Damages Can You Recover in a Suit for Medication Errors?

There are several damages you may recover if you prevail in your lawsuit or in settlement negotiations:

Economic Damages

Economic damages compensate you for income lost while recovering from the medication error. If your injuries prevent you from working temporarily or permanently, you can seek compensation for both past lost earnings and diminished future earning capacity, as well as medical bills and loss of earning capacity. 

Pain and Suffering 

If you have non-economic damages such as physical pain, emotional distress, loss of consortium (which is the loss of a relationship with a loved one), and reduced quality of life caused by the medication errors, Illinois law recognizes that these non-economic damages are real and compensable. However, these types of damages can be more challenging to quantify than medical bills or lost wages.

Wrongful Death

If the medication error led to a loved one’s death, you may potentially be able to recover wrongful death damages, which would include not only medical bills but also funeral expenses.

Call a Cook County, IL Personal Injury Attorney 

If you have suffered serious harm from a doctor, nurse, or other healthcare provider giving you medicine you should not have received, you may be entitled to damages, but you must first make a strong case. This is where hiring the experienced Arlington Heights, IL medical malpractice attorneys can help. At Dickler, Kahn, Slowikowski & Zavell, Ltd. our team of attorneys is here to help preserve your rights in a personal injury lawsuit for the wrongly prescribed medication that harmed you. Call us at 847-593-5595 for a professional consultation.