In a Columbus, Ohio medical malpractice case, you can seek compensatory damages, which encompass both economic and non-economic damages. This FAQ will detail the specific types of compensation available to victims of medical malpractice, such as medical expenses, lost wages, and pain and suffering. Additionally, we will cover the challenges victims might face in proving these damages, the importance of documenting the impact of the malpractice, and the role of medical expert testimony in substantiating your case.
A Columbus medical malpractice lawyer can help you with these complex aspects and advocate effectively for your rights.
Comprehensive List of Damages in Medical Malpractice Claims
When pursuing a medical malpractice case in Columbus, Ohio, victims can seek several types of compensatory damages. These damages aim to restore the financial, emotional, and physical well-being of the person harmed by medical malpractice.
The following list is the economic damages you may claim:
- Medical expenses: Costs for all medical care required due to the malpractice, including past and future expenses for hospitalization, surgeries, medications, physical therapy, and any long-term care needs.
- Lost wages: Compensation for the income lost during the period of recovery and medical treatment.
- Loss of earning capacity: Covers the decrease in the ability to earn money in the future due to lasting disabilities or chronic health issues caused by the malpractice.
This next list is the types of non-economic damages you may claim:
- Pain and suffering: Compensation for the physical pain and suffering endured as a result of the malpractice, both currently and projected into the future.
- Emotional distress: Addresses the psychological impacts such as stress, depression, anxiety, and trauma resulting from the medical malpractice.
- Loss of enjoyment of life: Damages awarded for the inability to enjoy hobbies, exercise, and other life pleasures that were possible before the injury.
- Loss of consortium: Compensates the victim’s spouse for the loss of marital benefits, including companionship, affection, sexual relations, and partnership.
- Disfigurement: If the malpractice results in scarring or other permanent changes to appearance, compensation can potentially be sought for the physical and psychological impact.
- Disability: Covers the long-term impacts of any permanent disabilities resulting from the incident.
The damages you may seek in your case may include these and others not listed here. A medical malpractice attorney can explain the damages that you could claim in your case. The only way to learn more, though, is to contact a Columbus medical malpractice attorney.
The Cap on Non-Economic Damages in Ohio Medical Malpractice Cases
In Ohio, there is no limit, or cap, on economic damages. However, there are specific caps set on the amount of non-economic damages a victim can recover in a medical malpractice case.
Per Ohio Revised Code Section 2323.43, the cap on non-economic damages is generally the greater of $250,000 or three times the economic damages, with a maximum limit of $350,000 per plaintiff or $500,000 per case. However, there are exceptions to these limits. If the medical malpractice results in a catastrophic injury, such as permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, the cap increases to $500,000 per plaintiff or $1,000,000 per case.
Victims seeking to understand how these caps might affect their specific situation should consult with a medical malpractice lawyer who can provide guidance based on the details of their case.
Key Elements to Establish in a Medical Malpractice Claim
Proving medical malpractice requires demonstrating the link between four legal concepts. These four elements include:
- Duty of care: This element is the relationship between the healthcare provider and the patient, affirming that the provider was responsible for administering treatment.
- Breach of duty: It must be proven that the healthcare provider deviated from the accepted standard of medical practice. You must show how the provider acted differently than another competent provider would have under similar circumstances.
- Causation: This is the link between the provider’s action or lack thereof and the injury or harm suffered by the patient.
- Damages: The patient must have suffered physical injury, financial loss, emotional distress, and other types of harm.
A medical malpractice lawyer can assist you with building a case for compensation, gathering the evidence necessary to prove these four elements. They can also explain how long your medical malpractice case may take to be resolved.
The Importance of Documentation in Medical Malpractice Cases
Thorough documentation is essential for substantiating claims and demonstrating the extent of damages suffered. The right documents not only support the assertion that malpractice occurred but also help quantify the impact it has had on the victim’s life. The types of documentation that play a role in these cases can include the following:
- Medical records
- Billing statements
- Employment records
- Communication records
- Personal Diary/Logs
Compiling and organizing these documents early and efficiently can greatly strengthen a medical malpractice case.
The Role of Expert Testimony in Medical Malpractice Litigation
Expert witnesses play an essential role in clarifying whether the standard of care was met or breached by the healthcare provider in question. Experts can explain the medical standards relevant to the specific case and whether the care provided deviated from those standards. They help establish a clear link between the breach of duty and the injuries claimed, providing insights into how the alleged negligence caused or contributed to the patient’s harm.
Medical experts can also offer a detailed analysis of the injuries sustained, including their long-term effects on the patient’s health and quality of life. In addition to medical experts, economists or life care planners may be needed to justify claims for lost wages, future medical expenses, and other financial losses.
Additionally, due to the nature of these cases, Ohio Rules of Civil Procedure Rule 10 requires the submission of an affidavit of merit from a medical expert.
You Have a Right to Recover Damages in Your Columbus Medical Malpractice Case
If you believe you have suffered injuries due to medical malpractice in Columbus, call The Fitch Law Firm LLC. We can provide you with a free case consultation. Our medical malpractice team can listen to your story and explain your options. Also, our lawyers work on a contingency fee basis. You pay no upfront or hourly fees. We only get paid when we secure a fair settlement or court award.
Learn more when you contact us today.