Errors by healthcare providers can leave patients much worse off than when they first sought treatment. If you or a loved one has been injured or died from the negligence of a hospital, physician, nurse practitioner, or other healthcare provider, you should contact one of our experienced Columbus medical malpractice attorneys.
Medical malpractice occurs when a medical facility or professional causes physical injury while rendering medical treatment to a patient. A successful medical practice claim requires that the medical professional or facility’s injury-causing conduct violates the generally accepted standard of care, practices, and/or procedures of medical professionals and/or facilities performing the particular treatment in the particular local area.
Medical malpractice includes:
Ohio imposes a one-year statute of limitations—or time limit—on medical malpractice claims. You have one year from the time you either discover or should have reasonably discovered your medical injury. A medical patient has four years from the date of the conduct or action that caused the injury to bring a claim against the medical professional or facility. Thus, you should not wait to contact a Columbus medical malpractice attorney if you suspect that you or a loved one has been harmed by a doctor, nurse, pharmacist, or healthcare facility. Once this time limit expires, your can no longer file a lawsuit in Ohio.
Through a civil medical malpractice suit, injured patients can recover several different types of damages under Ohio law, including compensatory damages, non-economic damages, and, in the most egregious cases, punitive damages.
Compensatory damages compensate a medical malpractice victim for any actual costs related to the injury, including medical bills and lost wages. There are no caps or limitations for compensatory damages.
Non-economic damages compensate a person injured by a medical professional and/or facility for the pain, suffering, and/or emotional distress caused by the injury. Ohio limits the amount of non-economic damages a medical malpractice victim can recover to either $250,000, or three times the amount of the compensatory damages, whichever is greater. Ohio law also places a cap of $350,000 on non-economic damages per patient; however, this cap can increase to $500,000 if the injuries are “substantial,” such as a severe deformity or the loss of a limb.
In the most disturbing cases of medical malpractice, punitive damages can be awarded to punish the medical facility and/or professional. Punitive damages, however, are only available in cases involving reckless behavior, fraud, or reckless disregard for a patient’s health or safety. Ohio law caps the amount of punitive damages that a medical practice victim can recover to two times the amount of the compensatory damages.
If a medical malpractice victim subsequently passes away due to the medical malpractice injury, a representative of the victim’s estate can bring a wrongful death and survival action to recover the types of damages described above on behalf of the deceased victim.
Seeking advice and representation from a knowledgeable Columbus medical malpractice lawyer as soon as possible extremely important. The attorney will know the law, be familiar with treatment guidelines and best practices, and have access to a network of healthcare experts who can offer insights and testimony on the ways in which defendants acted negligently or recklessly.
As medical malpractice lawyers based in Columbus, Ohio, Tyack Law attorneys understand that bringing a successful insurance claim or lawsuit against a doctor, nurse, or pharmacist is difficult.
The medical malpractice attorneys at Tyack Law start working on potential medical malpractice cases immediately. We ask medical experts to review all the available facts. If the evidence indicates that proceeding with a claim has little chance of succeeding, one of our Columbus medical malpractice attorneys will help you explore other options for obtaining the high-quality medical care and financial support you need.
With more than sixty years of combined experience helping medical malpractice victims, the medical malpractice attorneys in the Columbus, Ohio, offices of Tyack Law have the knowledge and skill to assist you or a loved one with a medical practice claim. Call us at (614) 221-1342 to request a consultation or request an appointment by filling out this online contact form.