Ohio Medical Malpractice Attorneys

What Constitutes Medical Malpractice in the State of Ohio?

Generally speaking, proving the elements of medical malpractice will require expert testimony, simply because most jurors would be unable to properly determine whether medical malpractice occurred, absent testimony from one or more expert witnesses. Plaintiffs must show the following to claim medical malpractice in the state of Ohio successfully:

• A physician-patient relationship existed
• The medical professional owed the patient a duty of care
• The medical professional breached that duty of care
• That breach caused injury to the patient
• Those injuries resulted in specific damages

Medical professionals owe their patients a “duty of care,” meaning they must adhere to certain standards. To determine whether a medical professional was negligent, a jury will consider whether another medical professional with similar medical training would have reasonably acted in the same way, given the same set of circumstances.

Is Medical Malpractice a Criminal or Civil Matter?

Medical malpractice is virtually always a civil matter; the claim is filed in an Ohio civil court. The plaintiff’s goal is an award of compensation to cover medical expenses, lost wages, and pain and suffering. In rare cases, a healthcare provider acts in a grossly negligent, incompetent, or indifferent manner to their patient’s care. In other words, rather than making a careless mistake, the medical professional must have ignored information that would threaten the patient’s life, must have shown up to work impaired (thus unable to perform the job), must have abused a patient, or must have completed an illegal activity while on the job.

What Damages Can Be Awarded in an Ohio Medical Malpractice Claim?

In an Ohio medical malpractice lawsuit, a plaintiff can recover compensatory damages that can further be broken down into economic and noneconomic damages. Monetary damages include expenses that are quantifiable, such as lost wages and medical expenses. Noneconomic damages include costs that are more difficult to quantify, such as pain and suffering, loss of consortium, mental anguish, and disfigurement.

Ohio Caps for Medical Malpractice

Thirty states (who have survived constitutional challenges) have placed a cap on medical malpractice damages. Ohio is one of those states. Some states have caps only on noneconomic damages, such as pain and suffering, while others have caps on economic damages. Still, others have what is known as a “hard” cap, which means there are no exceptions, the lids do not adjust over time, and the caps apply regardless of the number of defendants or plaintiffs.

In the state of Ohio, the medical malpractice cap for noneconomic damages is $250,000, or three times the plaintiff’s economic damages with an overall maximum of $350,000 per plaintiff, or $500,000 for each case for more than one plaintiff. If a plaintiff’s injuries are found to be “catastrophic,” the limit is set at $500,000 per individual and $1 million per occurrence.

There is also a Constitutional provision prohibiting caps on wrongful death claims. Medical caps can make malpractice claims even more complicated, mainly if your medical expenses are significant and you will need extensive medical attention for a long time. Attorney John Brothers will aggressively pursue the compensation you need to have the future you deserve.

How The Brothers Law Firm Can Help Those Injured by Medical Malpractice

If you believe the negligence of a doctor, hospital, or other medical professional caused your injury or harm, The Brothers Law Firm can help. We understand that life can become very difficult when you have been injured by a doctor’s negligence. Contact The Brothers Law Firm—we have the experience, knowledge of Ohio medical malpractice laws, and skills necessary to ensure you receive a fair settlement, making your future much brighter.