Medical malpractice rules in the state of Ohio are set by Ohio medical malpractice laws. These laws explain how a claim should be pursued and what constitutes a claim in Cincinnati and throughout the state. These are specific guidelines that show what equals a Cincinnati medical malpractice claim, the statute of limitations or time limits regarding such claims, and the maximum award amounts or caps for such claim settlements from an Ohio medical provider.
What Constitutes Ohio Medical Malpractice within Cincinnati?
Medical malpractice is defined in Ohio as when a medical institution or a medical provider act in a way that causes injury to the patient during the medical treatment process. These injuries could be caused by a doctor, a nurse, a medical assistant, hospital, clinic, or surgery center. For the injury to be classified as medical malpractice, the doctor’s actions must have involved a breach of the standard of care. The policies and procedures of the medical profession create the standard of care and focus on the policies and standards that are used to treat other patients suffering from the same condition. A number of factors can impact the standard of care, such as the patient’s general health and his or her age.
Usually, a medical malpractice in Cincinnati is either settled or resolved before it goes to court by the claim either being dropped or settled out of court. If your case goes to court and you appear before a judge, your Cincinnati medical malpractice lawyer will have to prove that your injuries were caused by the breach of care of your providing physician. This can be difficult to prove because intensive medical knowledge is needed to present the case in court. Your claim will require the testimony of medical experts who can explain the situation in detail.
The Statute of Limitations for Cincinnati Medical Malpractice Claims
There is a set time limit or a statute of limitations that applies to medical malpractice claims in Ohio. If you don’t meet the deadlines of the statute of limitations, you cannot bring a claim against the medical provider in question. This statute of limitations gives the party who suffered injuries a window in which he or she can pursue a legal claim requesting damages for the losses incurred. After this timeframe, has expired, you cannot pursue a claim and your case is non-existent. You have one year from the time you discovered the injury or when you technically should have discovered your injury to file your claim. You have a total of four years to file your medical malpractice suit from the time the injury occurred.
If you don’t realize you suffered an injury until five or six years after the doctor’s actions caused it, you cannot pursue a legal claim seeking compensation for your losses. Remember, laws do change and there are sometimes exceptions. If you have suffered injuries that you think were caused by medical malpractice, you should consult with a Cincinnati medical malpractice lawyer to see if you can pursue your claim.
Damage Caps for medical Malpractice in Ohio
Compensation is sought during a medical malpractice claim to cover the damages that were suffered. There are several kinds of damages applicable to a Cincinnati medical malpractice lawsuit. There are Ohio state laws that set specific caps or limits on some damages to limit them. Here are some of the damages that you can pursue in a medical malpractice claim and how much you can receive for these damages:
- Non-economic losses: These damages include pain and suffering. The maximum payout for non-economic losses is $250,000 or no more than three times the overall compensatory damages awarded with the higher amount prevailing. The overall payout cap for non-economic losses sets at $350,000, which means that regardless of the compensatory damage award the maximum received for pain and suffering cannot exceed $350,000. If there are substantial injuries, such as paralysis, loss of a limb, or permanent disfigurement, this cap can increase to as much as $500,000.
- Compensatory damages: These damages are specifically established to cover actually costs incurred and associated with the injuries. These damages are of a compensable nature, such as the costs of medical expenses and any lost wages incurred because of the inability to work during the recovery process. There is no cap for compensatory damages awarded in Ohio.
- Punitive damages: Punitive damages are designed to punish the medical provider for reckless behavior. Malice or fraud are included in these damages. The cap for punitive damages in Ohio is twice the amount of compensatory damages awarded in the claim.
Pursuit of a Medical Malpractice Claim in Cincinnati
To pursue a Cincinnati medical malpractice claim, you need to consult with a Cincinnati medical malpractice lawyer who will pursue your claim on a contingency basis. This means, you will not have any upfront expenses involved with pursuing your claim. When working on a contingency basis, your lawyer is not paid until he or she wins your case or gets you a settlement. Your lawyer’s pay is based on how well he or she does with your claim because they are paid a percentage of your settlement. That specific percentage is established during the retainer process, so you know how much you will be paying at the end of the lawsuit.
Some people fear legal help costs too much so they don’t seek help and don’t file a claim. That is not the case. A Cincinnati medical malpractice lawyer can help you get the compensation you deserve because of the damages you suffered from the medical professional’s lapse of care. If you have any concerns or suspect medical malpractice, you should consult with a medical malpractice lawyer today. A free case evaluation will answer your questions.
Schedule a Consultation with a Cincinnati Attorney
If you are the victim of Cincinnati medical malpractice, don’t back down. Schedule a free case evaluation with an experienced medical malpractice lawyer from Ohio Car Accident Lawyers today. With almost two centuries of combined experience, we have represented thousands of clients throughout all the courts in Ohio. We pursue medical malpractice claims aggressively and put our clients first. We offer caring, compassionate service while fighting for you!
