Understanding Medical Malpractice in Ohio: Part 2 November 5, 2018.
Filing a medical malpractice lawsuit is a stressful ordeal that requires much time and attention. But it may give you peace of mind when you win your case and are subject to receive a substantial sum of money in the form of damages. Each state is different regarding damages and the limit on the amount of money you can receive in a medical malpractice lawsuit. Here’s what you need to know about Ohio’s damages and how they may affect you.
Types of Damages Received
In Ohio law, there are three types of damages you can receive in a medical malpractice case:
- Compensatory damages. These damages are meant to compensate you for your losses. This includes compensation for lost wages and medical bills.
- Non-Economic damages. These damages are meant to compensate you for the pain and suffering you endured from your injury.
- Punitive damages. These damages are used to punish the medical practitioner responsible for your injury.
If you need more help clarifying the damages you are eligible to receive, reach out to one of our attorneys at The Mellino Law Firm LLC.
Damage Caps in Ohio
The way each state handles damage caps differs. Ohio has no caps on compensatory caps but does on non-economic damages. According to Ohio law, a patient cannot receive more than $250,000 or three times what was received from compensatory damages. With punitive damages, the cap is two times what was received for compensatory damages.
There is an additional max cap of $350,00 and can be increased to $500,00 if the victim sustained substantial injuries, like deformity, the loss of a limb or an organ. If there are multiple plaintiffs, the cap can rise to $1,000,000, with each plaintiff receiving $500,000. There are no caps in a wrongful death case.
Exceptions for Liability
Ohio gives certain percentages of fault to the parties involved in a medical malpractice case. If a doctor was 10 percent liable for a $200,000 case, then he must pay $20,000. But there are exceptions to this rule:
- If the doctor or physician was intentionally negligent
- If the defendant was more than 50 percent responsible for the plaintiff’s injuries
If there are no exceptions to be noted, then the money is divided by how much at fault the defendant is for the plaintiff’s injuries.
Consult a Medical Malpractice Attorney Today
If you or a loved one has suffered from medical malpractice, our team at The Mellino Law Firm LLC is determined to make things right. We have years of knowledge, trial experience and negotiation skills that will ensure you get the compensation you deserve. To speak with one of our experienced attorneys, email us for a free initial consultation.