In Ohio, medical malpractice indicates that the doctor provided a low standard of care. Their failure led to a patient-related injury. Injured patients have the right to seek damages through a lawsuit. medical malpractice attorneys in Dayton OH help injured patients.
What is the Statute of Limitations?
The statute of limitations for medical malpractice in Ohio is one year. Patients must file their claim against their doctor within the first year following their injuries. However, if new conditions are discovered, the claimant could file a claim at a later time, but they would need sufficient evidence showing that they sustained the injuries at the same time. Any medical evidence showing that the new injuries aren’t related to the original condition can dismiss the claimant’s lawsuit.
What Caps Apply to Damages in Medical Malpractice Cases?
Currently, the state of Ohio imposes a cap of $350,000 for economic damages when one claimant is involved in the case. If more than one claimant is involved, the cap is increased to $500,000. Non-economic are limited to $250,000 per case. Any patient-related injuries that are classified as catastrophic allow the claimant to collect up to $1 million. The state is strict about the damage caps, and claimants could face further restrictions if more than one doctor is involved.
Assigning a Percentage for Liability
The court must review the percentage of liability faced by all doctors that treated the petitioner. When reviewing the evidence, it is necessary for the court to determine a value for damages correlated to each doctor’s liability. When a value is assigned for the victim’s damages, the court determines how it is divided if more than one doctor was involved.
After a Patient Dies
When a patient dies, the family has access to two different types of lawsuits. First, the family files a medical malpractice case against the doctor to collect economic losses while the patient was alive. Next, a wrongful death lawsuit is filed due to tort-based damages. There isn’t a cap on wrongful death damages.
In Ohio, medical malpractice is a failure to avoid patient-related injuries. Doctors who are guilty of malpractice face serious financial losses. Some doctors could face criminal charges. Patients or their families who want to file a claim contact medical malpractice attorneys in Dayton OH to learn more about their options now.