Medical malpractice is a spectrum: the damage can range from minor misdiagnosis to catastrophic issues like amputating the wrong limb or missing a cancer diagnosis. The physical injuries are easy to recognize, but the emotional component may be harder for others to see.
Many plaintiffs want to know whether they will be compensated for their emotional pain as well as the physical suffering they’ve endured. While the answer depends on a number of factors, generally, Ohio does recognize emotional harm as compensable under the law.
The Law Offices of Tim Misny has handled hundreds of medical malpractice cases over the years. If you’ve experienced medical malpractice, we can review your claim and help you get the compensation you deserve.
Ohio and noneconomic damages
When you sue a doctor for medical malpractice, your attorney will help you determine what kind of damages to ask for. For personal injury cases, the remedy is usually money.
Damages are considered “economic” or “noneconomic.” Economic damages are easily provable. For example, medical bills are a type of economic damages. Lost wages, property damage and prescription costs are other common economic damages. The plaintiff can show documentation proving how much money they lost as a result of the accident.
Noneconomic damages are harder to quantify. They include emotional distress, pain and suffering and more nebulous concepts. The idea behind damages is to make the plaintiff “whole”—and if that’s not possible, at least come up with a reasonable sum to make up for their suffering.
Ohio does not limit economic damages. However, the state caps noneconomic damages. Plaintiffs cannot recover more than may not exceed $250,000 or three times the plaintiff’s economic damages, whichever is greater. There is an overall cap at $350,000 per plaintiff, of $500,000 total if there is more than one plaintiff. That means that even if your economic damages were over a million dollars, you would still only recover $350,000 in noneconomic damages.
Medical malpractice claims
If you believe you’ve been a victim of medical malpractice, contact the Law Offices of Tim Misny immediately. Ohio has a one-year statute of limitations for medical malpractice, with certain exceptions. That year can pass quickly—especially if you’re focused on recovery. As soon as your condition is stable, call us. We can review your claim and start the wheels in motion right away, so you don’t miss your chance to hold negligent medical providers responsible.
Consult with Ohio medical malpractice lawyers today
Have you suffered from medical malpractice? If your healthcare providers caused you harm, I’ll Make Them Pay!® Call me today at (877) 944-4373 for a consultation. I’ll fight to get the compensation you deserve.