Toledo Medical Malpractice Attorneys
Medical malpractice occurs when a doctor’s error is preventable, avoidable, and most competent doctors would not have made the same mistake. Not all medical errors rise to the standard of medical malpractice, but those that do require that the doctor who committed the error be held accountable. Those injured by medical malpractice have recourse to sue to recover damages related to their lost time from work, current and future medical expenses, and pain and suffering. In cases in which the damage is catastrophic and will alter the victim’s ability to sustain employment or enjoy life, damages can reach into six or seven figures. You will, however, need a skilled Toledo medical malpractice attorney to litigate your claim. Below, we will discuss types of medical malpractice cases and the Ohio laws governing them.
Ohio Medical Malpractice Laws
Ohio caps non-economic damages in medical malpractice cases at $250,000 or three times the economic damages not to exceed $350,000. Non-economic damages are those related to your pain and suffering, loss of ability to enjoy your life, loss of society, and other anguish-related considerations. In cases in which a plaintiff’s injuries are catastrophic and unalterably change the course of their lives, the damage cap can be raised to $500,000. These would include instances of paralysis or the loss of a limb or body part. There are no damage caps in a wrongful death lawsuit.
Common Types of Medical Malpractice
Strictly defined, medical malpractice requires a breach of the duty of professional care between a doctor and patient that results in an injury to the patient. Logistically, different types of medical malpractice have different standards for breaches. Common types of medical malpractice include:
- Misdiagnosis/Failure to diagnose/Delayed diagnosis involves a doctor who fails to properly diagnose a condition or does not diagnose it in time to prevent serious injuries.
- Surgical error involves a doctor who makes a preventable mistake during surgery and fails to correct it, resulting in patient injury. Sometimes doctors leave surgical equipment in patients, nick organs without correcting the damage, or even perform the wrong surgery on the patient.
- Birth injury involves injuries to either an unborn baby or the mother. These injuries commonly happen when surgical tools are used to aid in delivery.
- Medical product liability occurs when a medical device or instrument fails, causing injury to the patient. The doctor may be responsible or the company that designed the device.
- Nursing home abuse involves patients who are either neglected, left in unsafe conditions, or abused by those entrusted with their care.
- Medication-related errors occur when a doctor, pharmacy, or hospital gives a patient medication that they should have known could cause injury or the wrong medication entirely. These are among the most common errors made in hospitals.
- Emergency room errors have a higher standard of proof than other types of claims due to the fast-paced nature of emergency rooms. Nonetheless, you can sue if you can show your injuries were avoidable.
Talk to a Toledo Medical Malpractice Attorney
Lafferty, Gallagher & Scott, LLC litigate claims against negligent doctors, nursing staff, and hospitals. Contact us today and we can begin preparing your case to recover damages.