The state of Ohio has some specific medical malpractice rules in place to explain the claims process and how to pursue a Columbus medical malpractice claim. These legal guidelines explain what constitutes a Columbus medical malpractice claim as well as the caps or maximum award amounts permitted for such claims pursued against a Columbus health care professional. If you think you might be eligible to pursue a Columbus medical malpractice claim, you should consult with an experienced medical malpractice lawyer at the Ohio Car Accident Lawyers.
What is Considered Medical Malpractice in Columbus?
In Ohio, the laws define medical malpractice as injuries resulting from the treatment process of a medical professional or medical institution. These injuries could be caused by a physician, physician assistant, nurse practitioner, nurse, clinic, hospital, surgery center, or other medical provider. The injury must meet specific guidelines to qualify as medical malpractice. That means that the doctor’s actions must have breached or violated the standards of care. The patient’s standard of care involves the policies and procedures that medical professionals in that general area would proceed with when treating a patient with the same kind of medical condition. The standard of care can be impacted by numerous factors, such as the age and general health of the patient.
More often than not, Columbus medical malpractice claims are settled before the case goes to court. That means these claims are either dropped or a settlement amount is reached. If your medical malpractice case goes to court, your medical malpractice attorney will have to show the judge and the jury that your injuries resulted because of the physician’s breach of care. Proving a breach of care can be a challenge because it requires intensive medical knowledge to be presented to support your claim. Witnesses who are medical experts will need to testify on your behalf.
Columbus, Ohio: Statute of Limitations for Medical Malpractice Claims
There are time limits, also called a statute of limitations, for Ohio medical malpractice claims. That means that you have a specific window or timeframe in which you can seek damages, and if you wait too long you will not be able to pursue the damages. According to the law, you have a period of one-year to pursue a claim from the time the injury is discovered or from when it should have been discovered. You have a maximum of four years from the time that the action caused damage to pursue your medical malpractice suit.
If your injury is not found until five or six years after it was caused by the doctor’s actions, you cannot pursue a legal claim. Ohio laws regarding such matters do change periodically so you should consult with a Columbus medical malpractice lawyer to see if you can still pursue a claim. Some exceptions might apply and you might still be able to take legal action. You can schedule a free consultation with a lawyer to determine if you can be compensated for your damages.
Medical Malpractice Damage Caps in Columbus
You can pursue damages, which is monetary compensation, for the damages suffered by medical malpractice. There are several different kinds of damages that can be pursued in a Columbus medical malpractice claim. There are caps or limits on the amount of some damages that can be received. Here are some kinds of damages that you might want to pursue:
Compensatory damages – These damages cover the actual costs associated with injuries that were received from the action in question. This might include lost wages, medical expenses, and services from a caregiver. There is no limit to compensatory damages in Ohio.
Non-economic losses – These are damages for pain and suffering resulting from the injuries. The cap for these damages is $250,000 or three times the compensatory damages, whichever is more but they cannot exceed $350,000. This means regardless of your compensatory damage amount, you cannot be awarded more than $350,000 for your non-economic losses resulting from the incident. If there are serious or catastrophic injuries, the amount can go up to $500,000. Those injuries include amputations or lifelong deformities.
Punitive damages – Punitive damages can be used as a form of punishment against the medical provider for reckless behavior. Punitive damages cover actions such as fraud or malice that played a role in the injury suffered by the patient. Punitive damages are capped at twice the compensatory damage award.
Pursuing a Columbus Medical Malpractice Case
If you are considering pursuing a medical malpractice claim in Columbus, you should consult with an experienced Columbus medical malpractice lawyer. Your attorney will evaluate the case and determine how the claim should be pursued. Because of the complexity of medical malpractice claims, you need someone highly skilled in tackling such legal issues. Your attorney needs to thoroughly investigate your claim and determine if the injuries did indeed result from medical malpractice. If you suspect that medical malpractice could have been involved with your injury, schedule a consultation with a Columbus medical malpractice lawyer before the statute of limitations have passed.
Often, people fail to pursue a claim because they believe hiring legal representation would be too expensive and they might not get their money back by winning the claim. However, that is far from the truth. At the Ohio Car Accident Lawyers, we work on a contingency basis, which means our pay is based on how well we do settling your claim. We are paid a set percentage of your settlement and that amount is set before the claim gets underway so you have no unpleasant surprises.
Schedule a Consultation with a Columbus Medical Malpractice Attorney
If you have suffered injuries that you think might have been caused by Columbus medical malpractice, you should schedule a consultation with an experienced Ohio medical malpractice attorney at the Ohio Car Accident Lawyers. We have an experienced team of dedicated legal professionals who aggressively pursue medical malpractice claims. We have a strong reputation based on successful settlements for our clients. Our clients come first, and we treat everyone with care and compassion throughout the claims process. Contact us today for an evaluation of your case.