Medical malpractice occurs when a medical provider injures their patient by breaching the standard of care. The standard of care is the level of care a reasonable medical provider would provide under similar circumstances.
Despite advances in healthcare, medical malpractice still occurs every day in the United States.
In fact, the Ohio Department of Insurance recently released a 2021 report on medical professional liability. Even though it is now 2024, this is the latest data available.
Key findings from the 2021 report include:
- 1,945 medical malpractice claims were closed.
- The average payout was $397,827.
- 49% of claims came from Northeast Ohio.
After these injuries, many people don’t know what the next steps are. Fortunately, in Ohio, individuals affected by medical malpractice can recover compensation for damages.
In this article, we will discuss the types of compensation that a plaintiff, otherwise known as the victim, may be entitled to.
Types of Damages That Can Be Recovered
In Ohio, medical malpractice victims may be able to recover three types of damages:
- Economic
- Non-economic
- Punitive damages
Non-Economic Damages for Medical Malpractice
Non-economic damages reimburse plaintiffs for intangible losses that don’t have a monetary value. These damages are challenging to define since jurors might disagree on the appropriate compensation for the mental impact.
Examples of non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement
Non-economic losses are capped, which means there is a limit to how much a plaintiff can recover. In Ohio, the cap is set at either $250,000 or three times the amount of economic damage, whichever amount is greater.
However, if the plaintiff sustained a catastrophic injury, the cap may not apply.
Economic Damages for Medical Malpractice
Economic damages are awarded to cover the plaintiff’s financial losses from the malpractice. These damages typically cover the medical treatments needed to treat the injuries.
Additionally, economic damages can provide compensation for:
- Lost wages
- Medical treatments/ expenses
- Loss of future income
- Future care
- Medical equipment
- Home modifications (including adaptive devices)
Economic damages are not capped so the plaintiff can be fully compensated for financial losses. To calculate financial losses, the medical malpractice attorney will hire an economist expert. The economist will estimate the total economic damages the plaintiff will have for the duration of their injuries. For permanent injuries, they will calculate the losses based on how old they are.
Punitive Damages for Medical Malpractice
Punitive damages differ from economic and non-economic damages because they aren’t awarded in every malpractice case. Instead, they are only awarded in some cases to punish medical providers who acted with gross negligence or maliciously caused harm.
The purpose of punitive damages is to deter similar future misconduct. It also sends a message to fellow medical providers that grossly negligent conduct will lead to serious repercussions.
Punitive damages may be awarded in cases involving:
- Intentional harm
- Gross negligence (Performing surgery under the influence or amputating the wrong limb)
- Reckless disregard for safety
- Malice
- Fraud
In Ohio, punitive damages are limited to twice the amount of economic and non-economic damages combined. During trial, the jury will determine the amount of punitive damages the plaintiff should be awarded.
What Influences the Amount of Compensation Recovered?
The amount awarded during medical malpractice lawsuits varies from case to case because they depend on factors like:
- Severity of harm. Compensation largely depends on the extent of the injuries. For instance, plaintiffs with minor injuries would receive less than those with permanent disabilities. This is because individuals with permanent disabilities often face major mental and physical impacts that affect their entire lives.
- Impact on livelihood. Juries will consider lost wages, and if the plaintiff will return to work. This is especially important if the plaintiff was the breadwinner or a sole income earner. A significant loss of income can create many financial hardships for families with only one source of income.
- Impact on life. How the injuries impacted the plaintiff’s life will also be accounted for. This can include the emotional, financial, and physical effects of the injuries.
- Expert testimony. In Ohio, a medical expert must review the case and provide an affidavit of merit. An affidavit of merit is a statement from an expert in a specific medical field saying there is a reasonable cause for filing a claim.
Jurors will listen to testimony from medical experts and witnesses on both sides to determine whether the injury stemmed from negligence or natural risks.
Challenges in Recovering Damages
Medical malpractice cases are notorious for being difficult to win because doctors are represented by highly experienced defense teams.
Recovering damages in these cases can be difficult due to several common defenses:
- The medical provider’s actions did not breach the standard of care.
- A different medical provider was at fault.
- The plaintiff did not suffer significant damages.
- The injuries were a natural consequence of the procedure or treatment.
- The plaintiff had pre-existing conditions that contributed to the injuries.
- The plaintiff provided informed consent before the procedure/ treatment.
Even if these defenses are untrue, defense attorneys will fight tooth and nail to convince the jury otherwise.
This makes it extremely important to hire a skilled medical malpractice attorney to take your case. Experienced medical malpractice attorneys are familiar with defense tactics designed to reduce the medical provider’s liability, so they will know the right questions to ask to show weakness in the claims.
Contact our Cleveland Medical Malpractice Attorneys
If you or a loved one suffered severe injuries due to medical malpractice, contact our Cleveland medical malpractice attorneys today. Our attorneys are highly experienced in handling complex medical malpractice cases. Call our office at (440) 333-3800, or fill out our contact form and we will reach out to you as soon as possible to schedule your free initial consultation.