Many people wonder how much their case might be worth after suffering injuries from medical malpractice. However, each case is unique. There is no way to determine an average payout for a medical malpractice settlement or court award that would help you better understand the value of your case.
The best way to ensure you recover maximum compensation in your case is to work with a medical malpractice lawyer in Columbus. Your attorney will document your damages, handle your case, and ensure you do not leave a lot of money on the negotiating table. They will uncover your full range of expenses and losses and seek a fair settlement from the insurance companies based on them.
Why Are Average Medical Malpractice Settlement Totals Misleading?
The factors that determine the potential value of a medical malpractice claim or lawsuit are unique to each case. Even when two patients endure the same type of medical negligence, the other factors can be vastly different. One might have much more severe injuries or greater medical expenses. One party might have missed more time at work, while another party may have a dramatically higher income.
Even the strength of the evidence in the case could make a difference. Then, there is the attorney’s experience with similar cases and the other party’s willingness to settle.
Sometimes, a plaintiff will win a huge verdict in a case that could skew the average, making it seem that the average is much higher than is realistically feasible. However, your best option to learn more about your case’s potential value is to discuss it with a lawyer who handles these cases regularly.
What Factors Can Affect an Ohio Medical Malpractice Settlement?
Several factors can affect the payout in an Ohio medical malpractice case. This is why it is so difficult to determine an average for these cases. When one factor changes, it can alter the possible settlement. Some of the key factors that influence the settlement range of a medical malpractice case include:
- Severity of the Injury: Serious harm, such as lasting injuries or wrongful death, typically supports larger settlements or verdicts.
- Medical Expenses: The cost of current and future medical care, surgeries, and rehabilitation will significantly affect the case’s value.
- Lost Income: If the victim missed work or cannot return to their career or earn a living, these financial losses will affect the settlement or verdict.
- Pain and Suffering: Ohio law limits non-economic damages, including pain and suffering, in most cases. However, this could still affect the payout in a medical malpractice claim.
- Strength of the Case: Credible expert witnesses and other evidence can increase the chances of a favorable settlement or court award.
- How the Case Progresses: Cases that go to trial may result in higher payouts. However, victims have much more control over the outcome of the case and the payout they accept when they settle the claim.
What Evidence Is Necessary to Build a Compelling Medical Malpractice Case?
The more robust the evidence supporting a medical malpractice case is, the better. Some of the compelling evidence commonly used to show how a healthcare provider’s negligence caused harm includes:
- Medical records to document the condition, treatment, prescriptions, and any errors made
- A qualified medical expert to provide an affidavit of merit stating that the accused party’s actions deviated from the accepted standard of care
- X-rays, MRIs, lab reports, and other test results that show medical errors or misdiagnoses
- Doctor notes, internal records, and nursing logs that reveal critical mistakes or deviations from standard procedures
- Testimonies from nurses, other doctors, hospital staff, or others who observed the treatment
- Documentation of medical bills, lost wages, and future care costs to show economic damages
- Past medical malpractice claims or disciplinary actions against the medical provider that show a pattern of negligence
It is important to know that Ohio requires an affidavit of merit before you file a medical malpractice lawsuit. For this reason, your attorney will likely want to obtain your relevant medical records, lab results, and imaging as quickly as possible. This action allows them to get these records to a medical expert from their trusted network for immediate review.
Are There Any Caps on Medical Malpractice Damages I Should Know?
Ohio law caps non-economic damages in medical malpractice cases. Non-economic damages are the intangible losses that occur because of injuries. They include pain and suffering, emotional distress, and other similar losses. This is the general rule though there are exceptions.
Your lawyer can explain these caps to you and whether they might affect the medical malpractice payout of your case. When there are lasting injuries or the victim dies from their injuries, the court can adjust these caps. There are no limits on economic damages, such as medical bills or lost income.
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How Will My Attorney Help Me Secure Maximum Compensation in My Medical Malpractice Case?
Your Ohio medical malpractice attorney will take the necessary steps to build a convincing case that allows you to recover fair compensation for your injuries, expenses, losses, and other harm. Their actions could include:
- Collecting medical records, expert opinions, and witness statements
- Working with medical professionals to provide testimony that malpractice occurred
- Documenting economic and non-economic damages
- Navigating Ohio’s complex medical malpractice laws for you
- Ensuring you meet the deadlines in these cases
- Handling negotiations to avoid low settlements
- Filing a lawsuit and representing you in court if necessary
Your medical malpractice lawyer should help you navigate the claims process and pursue the maximum compensation you deserve. When you work with our legal team, we will represent you based on contingency fees. You will not need to pay anything up front.
Discuss Your Ohio Medical Malpractice Case With Our Team
The Fitch Law Firm LLC wants to hear from you. We provide free consultations for those who believe they were hurt by medical malpractice in Ohio. Let us assess your case and see if an Ohio medical malpractice lawyer from our law firm can help. Call us today.