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 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.
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:
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.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.