Ohio Medical Malpractice – Damage Caps and Stipulations
Financial compensation sought by a victim of medical malpractice is commonly referred to as damages. If the injuries resulted from another person’s negligence or malicious behavior – that person may be entitled to payment for pain, suffering, medical bills and more. I always explain to my clients as to what constitutes damages, what they can, expect and what other factors may impact the ability to file, and potentially win a medical malpractice claim in Ohio.
Actual expenses that result from a medical malpractice injury are known as compensatory damages. These are directly tied to the incident – ongoing medical care, lost wages and a host of other expenses. Compensatory damages do not have a ceiling or cap in the state of Ohio.
The second type of damage in a medical malpractice claim is known as non-economic damages. This relates to pain, suffering, future emotional tolls and others This type of damage award is limited by either $250,000 or triple the amount of compensatory damages. The only exceptions to this rule are in wrongful death cases or catastrophic events. For wrongful death cases in Ohio there is no cap on damages. For catastrophic claims, the cap is increased to $500,000.
The last type of damages in an Ohio medical malpractice case are known as punitive damages. With punitive damages, the medical professional is essentially being punished for his or her behavior. Punitive damages are strictly in place to punish malicious behavior and reckless disregard for safety. Punitive damages are used to prevent future incidences. The cap is set to 2x the amount of the compensatory damages awarded to the victim.
Make Them Pay
It is important to remember that in our state, the timeframe to file a medical malpractice claim is typically one year. The clock begins when the condition or conditions should have been reasonably discovered by a medical professional, or from when the incident or injury occurred. If you or a loved one is a victim of medical malpractice, call me today.