Compensation recovered via medical malpractice verdicts and settlements in Ohio ensures victims can receive the care required to foster optimal recovery. Cases like these can vary greatly in degree of injury. For that reason, treatment costs and lifelong impact will also vary. In most cases, any financial award will reflect all these factors.
If you or someone you love suffered because of a medical mishap or error, you could be eligible for financial compensation. A medical malpractice attorney can help. They will collect evidence, consult experts, and prepare your case. An insurance settlement is more likely than a trial, but your law firm will prepare for both possibilities.
Recent Medical Malpractice Financial Awards in Ohio
Medical malpractice compensation can vary widely from patient to patient. Variants that affect cases like these include injury severity, long-term damage, and loss of life. Treatment costs and extent are also often a factor.
Recent examples of medical malpractice financial compensation for injured parties and their families include the following:
- $2,650,000 financial award for an infant who suffered a birth injury that resulted in a neurological injury
- $1,550,000 financial award for the surviving family of a patient who succumbed to a form of cancer as the result of a delayed diagnosis
- $1,200,000 financial award for a patient who endured lifelong complications after the diagnosis of her medical condition was delayed
As your lawyer will explain, the percentage of medical malpractice lawsuits that settle is significantly higher than those that go to trial. If your case does go to trial, though, your lawyer will fight hard to present and preserve evidence on your behalf. They will also fight hard for the best possible outcome of your case.
What Constitutes Medical Malpractice in Ohio
Not every adverse medical condition or outcome constitutes medical malpractice. On your own, it can be difficult to tell when you have a valid case. According to Ohio Revised Code § 2305.113, you must prove:
- You were owed a burden of reasonable care from your medical professional.
- Said professional deviated from the state’s reasonable care standard.
- An action or failure to take appropriate action led to your medical injury.
Your lawyer will help you prove the extent of your injuries. They will also prove the financial consequences.
Proving Medical Malpractice
Like all personal injury cases, your medical malpractice case relies on substantial evidence to prove your right to compensation. Your legal team will investigate your allegations and collected evidence will include:
- Pre-existing medical records
- Current medical records
- An Affidavit of Merit
- Photos of any physical injuries
- Evidence of medication errors
- Lab, imaging, and blood test results
Depending on the nature of your medical malpractice case, evidence can include proof of equipment and machinery malfunctions. Your lawyer will collect and organize your evidence. They will also consult medical and other experts to substantiate your allegations.
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How a Fair and Appropriate Settlement Is Negotiated
Negotiating a settlement in your medical malpractice case can be complex and prolonged. Understanding the appropriate financial value can be difficult. One difficulty is distinguishing a medical error from a less-than-desirable outcome. Your lawyer will take on this challenge.
The process of negotiating a settlement will include:
- Presenting compelling and persuasive evidence to the insurer
- Verifying your allegations with medical expert testimony
- Carefully detailing your current and future recovery costs
- Creating a demand letter for favorable compensation
- Handling the back-and-forth settlement discussions
In its final stage, the settlement process will conclude with an agreement. Once one is reached, you cannot request additional compensation later. Your lawyer will ensure your case is accurately valued prior to the start of any settlement talks.
How a Trial Verdict Is Obtained
A medical malpractice trial can be far more involved than settlement negotiations. If your case goes to trial, your lawyer will prepare your evidence as exhibits. Each side will also make arguments before the trier of fact. In a trial, this can be a judge or a jury. Your lawyer will explain which applies in your case.
The factfinder will weigh the following:
- The applicable standard of care
- A medical expert’s input
- Whether a breach occurred
- What (if any) harm you suffered
- Your financial consequences
A verdict and financial award will be determined after deliberation. Unlike a settlement, once a verdict is obtained, either side who disagrees can file an appeal. Your lawyer will help with an appeal, if necessary.
Contact Our Medical Malpractice Team Today
Injured patients are awarded medical malpractice verdicts and settlements in Ohio when a medical professional makes an error that causes harm to the patient. You could be entitled to pursue damages if you or a loved one were injured or harmed. Find out with a free review of your medical injury today.
Contact one of our consultation team members at The Fitch Law Firm LLC today to explore your compensation options.