Are you the victim of your healthcare provider’s negligence or misconduct? Has your life been turned upside down by the experience you went through? If so, you may be entitled to total compensation for your damages.
However, the claims process can often be complex. You will want to be sure you have an experienced Ohio medical malpractice lawyer on your side as you navigate your claim. Ensuring every loss is taken into consideration is of the utmost importance if you hope to maximize your compensation. Here is more about how medical malpractice claims in Ohio work, as well as the various damages you could recover.
What Is Medical Malpractice and When Can You Sue?
Medical malpractice can encompass any mistake, error, or reckless action by a healthcare provider. Anytime a healthcare provider breaches their medical duty of care, they can be held accountable when an individual suffers injury, illness, or damages as a result of this medical mistake.
To prove a breach in the duty of care, your medical malpractice attorney at our firm will need to show that the healthcare provider in question made a decision or failed to make a decision that another reasonable healthcare provider would not have made.
Some examples of medical malpractice victims often sue for include:
- Failure to treat
- Failure to diagnose
- Misdiagnosis
- Surgical mistakes
- Birth injuries
- Anesthesia errors
- Defective medical devices
- Prescription drug errors
- Failure to supervise
- Delayed diagnosis
These are only a few examples of medical malpractice. If you believe your healthcare provider made a mistake, you may be entitled to damages through the pursuit of a medical malpractice claim.
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Compensatory Damages
A variety of damages could be awarded in medical malpractice claims. Generally, you have the right to what is commonly referred to as compensatory damages. Also known as economic damages and non-economic damages, you may have the right to be made whole if another party is responsible for causing your injuries and resulting damages.
Some damages often awarded in medical malpractice claims include:
- Loss of income
- Reduced potential earnings
- Property damages, where applicable
- Loss of household services
- Unexpected childcare fees
- Costs of household upkeep and maintenance
- Pain and suffering
- Embarrassment
- Inconvenience
- Loss of consortium
- Humiliation
- Reputation or damages
- Fear and apprehension
- Disfigurement and skin scarring
- Costs of physical or occupational therapies
- Prescription medication costs
- Medical equipment expenses, including the cost of hospital beds, wheelchairs, or accommodations to your home
- Total coverage of your medical expenses now and in the future
Although there is no amount of money that will make up for your healthcare provider’s negligence or medical errors, obtaining the compensation you need to cover your costs could help to reduce your financial burden and help you recover emotionally, physically, and financially from what you have been through.
Punitive Damages
In addition to compensation for your compensable losses, you might also be awarded compensation for your exemplary damages. Commonly known as punitive damages, in medical malpractice claims where the court system finds your healthcare provider’s actions grossly negligent, reprehensible, or egregious, they may opt to award you punitive damages.
Designed to punish the defendant for their actions, you are not entitled to be awarded punitive damages. Instead, the courts will award them to send a message to the Ohio community that they are taking cases like yours seriously.
Caps on Damages in Ohio Medical Malpractice Claims
It is important to note that Ohio has a cap on the amount of compensation you can be awarded for your non-economic damages. If you are pursuing a medical malpractice claim in Ohio, there is no limit to the amount of compensation you can be awarded for your economic damages in not only medical malpractice claims, but personal injury claims in general.
However, your non-economic damages are capped at whichever is greater: $250,000 per person, or three times the value of your economic damages, which is subject to a maximum of $350,000 per person and $500,000 per case.
If you are interested in learning more about whether Ohio’s caps on medical malpractice and personal injury non-economic damages could have an impact on the value of your medical malpractice claim, do not hesitate to contact our office to find out how much you may be awarded.
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Get Help from a Medical Malpractice Lawyer in Ohio Today
If you hope to recover maximum compensation for your medical malpractice damages, it is important to be sure every loss is taken into consideration. Your Ohio medical malpractice lawyer at the Fitch Law Firm LLC will work diligently to quantify your damages, take an inventory of your losses, and get the most out of your claim.
Learn more about what your case could be worth when you contact our team for a no-cost, risk-free consultation. You can reach us by phone or through our secure contact form to get started today.