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Medical Malpractice

Cleveland Medical Malpractice Lawyers

Representation for Ohio Medical Malpractice Claims

Every caregiver and caregiving institution has the obligation to meet an acceptable level of medical care when treating patients. These standards of care ensure that caregivers take the necessary steps to prevent their patients from being harmed during treatment. It is considered medical malpractice when treatment plans fail to meet these standards.

Our Cleveland medical malpractice lawyers at The Becker Law Firm are relentless in their pursuit of justice, and proudly serve victims across Ohio and beyond.

Have a potential medical malpractice case in Ohio? Call (440) 252-4399 for a FREE consultation.

What is Medical Malpractice?

Medical malpractice occurs when a patient is injured due to the unsafe care provided by a medical professional, especially when the medical care goes outside the accepted standards of the industry. An “injury” in this context also describes a pre-existing condition that worsens because the right medical care was not given on time.

According to Ohio Revised Code §2305.113, medical malpractice can be caused by:

  • Incorrect or unsafe diagnosis, care, or treatment by a medical professional, nursing home, or caregiver;
  • Unsafe medical assistance or care provided by an in-home nursing care provider; or,
  • Harmful or neglectful services of a residential care facility.

How Do I Know If I Have a Medical Malpractice Case?

Medical mistakes are more common than most people think. A study conducted by physicians and researchers at Johns Hopkins University estimates that medical errors may account for more than 250,000 deaths each year—more than accidents, strokes, Alzheimer’s, and other diseases. If you think you were hurt by medical malpractice, does it statistically mean that you were?

When wondering if medical malpractice has occurred, a simple question can be used as a starting point: “Would another reasonable medical provider in the same situation have made the same mistake that led to the patient’s injury?” If the answer is no, then medical malpractice may have occurred, and the guidance of an attorney should be sought.

Medical malpractice cases should also have these four elements to be legally valid:

  1. Duty of care: The medical provider/defendant should have owed a duty of care to the patient/plaintiff, which is typically established through a doctor-patient relationship.
  2. Breach of duty: It should be provable that the defendant breached the duty of care owed to the plaintiff. Any medical decision or treatment that goes outside the accepted standard of medical care could be considered a breach of that duty.
  3. Causation: The breach of duty must have been the cause of the patient’s injuries or worsened health condition.
  4. Damages: The patient’s injury or worsened health condition must have resulted in economic, non-economic, or financial losses and damages, such as increased medical bills, lost wages, pain, suffering, etc. 

The easiest way to know if you have a case is to contact our Cleveland medical malpractice attorneys at The Becker Law Firm and arrange for a free initial consultation. If you suspect that you or a loved one may have been a victim of medical malpractice, please give us a call today. We can evaluate your case free of charge, as we believe there should be no financial obligation to learn if you have a potential claim for damages. Best of all, we take cases on a contingency basis, which means we will charge you nothing unless we win your case.

What Types of Errors Constitute Medical Malpractice in Ohio?

There are many ways in which medical care can go wrong, which includes:

Patients who are harmed because of the medical care they received, and whose injuries could (and should) have been prevented, are considered to be victims of medical malpractice.

Who Is Liable for Medical Malpractice Injury in Ohio?

Although medical mistakes are the result of actions taken (or not taken) by caregivers, these caregivers do not operate in a vacuum. Many caregivers are part of much larger institutions that are responsible for ensuring that their staff meets and exceeds accepted levels of care.

The ways in which these institutions are managed are such that extensive training and oversight are required in order to prevent medical malpractice. Examples of three institutional settings where medical malpractice may occur include hospitals, nursing homes, and emergency rooms.

The different ways in which patients may be harmed are as numerous as the ways in which medical care can go wrong. Some of the most severe and irreparable injuries that can result from medical malpractice include wrongful death, brain injuries, and spinal cord injuries.

Ohio Medical Malpractice Statute of Limitations

Ohio Revised Code §2305.113 sets the statute of limitations for most medical malpractice cases filed in Ohio State at just one year. The statute of limitations typically begins on the day the medical mistake occurred. When one year passes from that date, any medical malpractice claims filed after will most likely be rejected by the court.

Two uncommon medical malpractice statutes of limitations in Ohio are:

  1. Delayed injury: If you were not immediately aware of the injury caused by medical malpractice, the statute of limitations begins on the date that it was discovered or reasonably should have been discovered. However, you might be blocked from filing a claim if the injury or illness has persisted for longer than four years and you have not yet filed a claim, regardless of when it was discovered.
  2. Foreign object: If a surgeon left a foreign object inside your body, such as a piece of gauze, the one-year statute of limitations begins on the date that it was discovered or reasonably should have been discovered, regardless of when the object was erroneously left behind.

If the statute of limitations is drawing near and you have not filed a claim yet, we can consider a possible extension by notifying the medical provider of your intent to file a lawsuit. Such a notification should reset the statute of limitations to six months after the postmarked date of the letter.

How is Compensation Calculated in an OH Medical Malpractice Claim?

The damages owed to you in a medical malpractice claim will be based on your injuries and losses. We will take the time to fully understand your case and how your life has been affected by the medical malpractice, so we can better calculate the damages owed to you. Our Cleveland medical malpractice attorneys don’t like to leave even $1 unclaimed if it should be given to a client instead.

The three main types of damages to pursue in an Ohio medical malpractice claim are:

  1. Economic: Tangible losses are considered economic or special damages, such as lost wages, past and future medical treatment costs, and other miscellaneous expenses related to your injury.
  2. Non-economic: Intangible losses are considered non-economic or general damages, such as pain, suffering, mental anguish, lessened enjoyment of life, and so on.
  3. Punitive: Ohio Revised Code § 2315.21 permits punitive damages in medical malpractice cases, which are meant to punish the defendant for egregious wrongdoing, not compensate the plaintiff for a loss.

Importantly, if you lost a loved one to medical malpractice, Ohio Revised Code §2125.01 does not limit the compensatory damages you can seek. Our legal team is well-versed in medical malpractice and wrongful death claims, so you can turn to us for legal guidance and moral support during such a trying time.

Does Ohio Have a Medical Malpractice Damage Cap?

  • Under Ohio Revised Code §2323.43economic damages are not limited or capped.
  • Ohio caps non-economic damages in medical malpractice claims at $250,000 or 300% of the total economic damages, whichever is greater; in rare cases involving severe and permanent injuries, the limit can be raised to $500,000 or $1,000,000 if the court allows it.
  • The punitive damage caps on Ohio medical malpractice are set at 10% of the employer’s or individual’s net worth (up to $350,000) or 200% of the combined total of economic and non-economic damages, whichever is lesser.

At The Becker Law Firm, we are not afraid to stand up to powerful medical institutions on behalf of our clients. Medical professionals, hospitals, and their insurance providers aggressively defend against lawsuits, employing armies of attorneys and experts to protect themselves against the costs of these suits. They will often claim they were not at fault by any means necessary.

Our medical malpractice lawyers in Cleveland, OH will work to assess the full extent of damages and seek compensation that best addresses your current and future needs. The lifetime costs of an injury can be overwhelming, and the institutions that caused them must be held fully responsible.

Informed Consent & Medical Malpractice in the State of Ohio

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Fight for Full Justice with our Medical Malpractice Attorneys

If you or a loved one has suffered a catastrophic injury and suspect it was caused by medical malpractice, please contact us today. You can use the contact form on this page or call us at (440) 252-4399 to schedule a free initial consultation. The Becker Law Firm accepts cases on a contingency basis, meaning you will pay nothing unless we win your case.

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