Can There Be Multiple Parties Liable for Medical Malpractice in Ohio? May 15, 2012.
Put briefly, yes, multiple parties can be liable for an Ohio medical malpractice claim. As a medical malpractice attorney will explain, under joint and several liability there are a number of ways that liable parties might be held responsible for the suffering of a patient.
Initially, one of the most important elements of a medical malpractice claim in which several parties are held liable is determining the division of responsibility for the injuries of the victim.
People who may find themselves in situations where liability may affect their compensation are urged to think about how responsible each party in the suit may ultimately be.
Joint and several liability can be determined in a number of ways:
- under joint liability, each defendant is liable for a certain proportion of damages that may entail the full liability amount. Essentially, all liable parties are financially liable for the whole of the compensation total.
- under several liability, liable parties must only pay the amount of damage for which they’re responsible.
- finally, under joint and several liability, all parties collectively pay the total sum of damages, despite the division of guilt.
Ohio law stipulates that only if a defendant is more than 50% responsible for a plaintiff’s injury will they be held financially responsible for non-economic damages in proportion to their fault.