Just like most states, Ohio has specific rules in place regarding medical malpractice within Toledo and the pursuit of claims resulting from injuries sustained because of medical malpractice. These are specific legal guidelines that define what constitutes a Toledo medical malpractice claim and how it should be pursued. The regulations specify any monetary caps for medical malpractice awards pursued from a Toledo medical malpractice lawyer. If you think your injuries were caused by medical malpractice and you might want to pursue a claim, consult with a medical malpractice attorney on the team at Ohio Car Accident Lawyers.
What Classifies as Medical Malpractice in Toledo?
The laws define medical malpractice in Ohio as any injury resulting from treatment received from a medical institution or health care provider. There could be several people held liable for causing these kinds of injuries, such as nurses, doctors, physician assistants, nurse practitioners, hospitals, surgical centers, clinics, or other medical providers or facilities. To qualify as medical malpractice, specific guidelines must be met. This means your doctor’s actions must have either violated or breached the regular standards of care for treating such a problem. The standards of care for a patient focus on the procedures and policies for treating a patient who is experiencing the same kinds of medical issues. Several things might impact the standard of care, such as the patient’s general health and age.
In most cases, Toledo medical malpractice claims are settled out of court for a settlement or dropped before they go before the judge. If your claim is heard before a judge, you need to show the judge and jury if applicable that your injuries were indeed the result of the doctor’s breach of your care. Medical experts will serve as witnesses on your behalf to support your claim. This can be a challenging aspect of your case, but an experienced attorney can help you win your claim.
Toledo, Ohio: Medical Malpractice Claims Statutes of Limitations
There is a statute of limitations that applies to medical malpractice claims. These are set time limits that allow you to file legal action to recover damages resulting from your claim. If you wait until this time limit has passed, you cannot pursue damages for your claim. The law in Ohio gives you a year to file your claim after your injury was discovered or should have been discovered. The law allows a maximum of four years to pursue a claim after the action caused the damages suffered by the patient.
If you fail to realize you suffered an injury until five or six years after the doctor caused it, you are out of luck because you cannot file suit to seek compensation. Laws regarding these matters do changes, so you should consult with a Toledo medical malpractice lawyer to see if you can still take legal action for your injuries. A free case evaluation with a lawyer from the Ohio Car Accident Lawyers can help you get the answers you need.
Damage Caps for Toledo Medical Malpractice
If you have suffered damages because of medical malpractice, there might be caps that apply. Caps limits the amount of monetary damages you can receive for your injuries. Here are few of the different kinds of damages pursued in a medical malpractice suit:
- Punitive Damages – These damages are used as a way to punish the medical provider for his or her actions, particularly if fraud, malice, or reckless behavior were involved. These damages cannot exceed more than two times the amount of the compensatory damage amount.
- Non-economic damages – These are losses that resulted from the injuries. This could include pain and suffering. Your cap for these damages are $250,000 or as much as three times the compensatory damages that you are awarded. This amount cannot exceed $350,000 but can reach as high as $500,000 if there are catastrophic injuries such as paralysis, amputations, or lifelong disfigurement that results.
- Compensatory damages – These are the actual financial costs that are associated with your injury. This can include medical expenses and loss of income. There are no caps for these damages.
Pursuing Toledo Medical Malpractice Damages
If you have suffered because of the breaches of a medical provider or medical institution, you should seek to recover the damages you suffered. You need to consult with a Toledo medical malpractice lawyer who will evaluate your claims and make the determination of how to proceed with your claim. Medical malpractice cases require special legal guidance and complex documentation that is supportive of the claim. Seek the guidance of a lawyer before your statute of limitations has been exceeded.
If you have suffered injuries that you believe are the result of medical malpractice, you should consult with a Toledo medical malpractice attorney. The attorney will thoroughly assess your case to determine if there is a claim that should be pursued. Medical malpractice claims are very complex, so you need a lawyer experienced in handling such claims. Your lawyer will consult with medical experts regarding your injuries and the pursuit of your claim. If you believe medical malpractice impacted your life, schedule a consultation with a lawyer before your time limit to take action has passed.
Schedule a Free Case Evaluation from a Toledo Medical Malpractice Lawyer
If you have suffered because of Toledo medical malpractice, you need to schedule a free case evaluation with an experienced Toledo medical malpractice attorney at the Ohio Car Accident Lawyers. Our dedicated team of legal professionals aggressively pursue medical malpractice and other personal injury claims. With an established reputation that shows our dedication and success, it is obvious we put our clients first. Our team has a combined 190 years of legal experience that has proven effective in Ohio courts of law. You will be treated with care and compassion while we aggressively pursue your claim. Call us today to schedule a free consultation with one of our attorneys. Dedicated and experienced legal help for your Toledo medical malpractice claim is just a phone call away.
