How Does Joint and Several Liability Affect Compensation in a Cleveland Medical Malpractice Case? August 5, 2012.

There may be several parties responsible for your injuries when pursuing a medical malpractice claim. This is called joint and several liability, and can affect how you are compensated. For a more thorough explanation of the damages you may be entitled, consult with a Cleveland medical malpractice lawyer.

Joint and several liability can affect the compensation you receive in a medical malpractice case. When more than one party is responsible for your injuries or the death of a loved one, the process of determining the fault of each person or entity will be quite complex.

The injuries sustained in medical malpractice claims could be a combination of negligent acts, and may name multiple parties, including the:

  • doctor;
  • manufacturer of medical equipment; and
  • hospital.

Determining which party contributed the most to your injury will affect the compensation you may receive.

In Ohio, determining compensation will depend upon proving the percentage of each party’s fault. If one defendant is considered to be 50 percent or more at fault for the misconduct, they will be financially responsible for the whole of the compensation amount. It is the responsibility of the at-fault defendant to seek recompense from the other parties under joint and several liability.

For example, if the compensation award granted was $100,000, the person primarily at-fault would be obligated to pay the entire sum – even if it was determined they were 51 percent responsible. This may pose a challenge in circumstances where they are unable to pay this amount. When determining fault in a malpractice case, it is important to carefully examine each party’s role in liability.

How a Cleveland Medical Malpractice Lawyer Can Help

Determining one or several parties liable for medical malpractice can be difficult. The team of lawyers at Mellino Law Firm specialize in this highly technical field of law. Helping to determine liability, gathering pertinent evidence, and securing expert testimony are among the ways we can help ensure you are compensated for your injuries. To schedule a free consultation, call (440) 333-3800.