Incidents of medical malpractice can cause overwhelming losses, both financial and intangible. When a case goes to a jury trial, the jury will determine how much the injured patient deserves to receive in damages for the harm caused. Often, juries award millions of dollars to plaintiffs who suffered life-altering injuries at the hands of negligent medical professionals.
However, those plaintiffs might only receive a fraction of what the jury awards. This is because the judge will reduce certain damages the jury has awarded to comply with the damage caps for medical malpractice claims under Ohio law. Below is some information about damage caps that apply to many cases. To discuss your specific situation, reach out to our Ohio medical malpractice lawyers directly.
No Caps on Economic Damages
Economic damages (also called special damages) refer to compensation for the financial losses that you incurred as a result of your injuries. This can include:
- Additional medical treatment you needed as a result of the malpractice
- Lost income if you had to miss work (past lost wages)
- Lost income if you will need to miss work in the future (future lost wages)
- Other out-of-pocket expenses due to your injuries
- Future financial costs you will likely face
The good news is that Ohio law has no limits on economic damages. If you faced millions of dollars in medical bills and lost earnings due to a permanent injury, you can collect the full amount the jury awards for these losses.
Caps on Noneconomic Damages
Another category of damages is called noneconomic damages. These compensate injury victims for intangible losses, such as pain and suffering, permanent disability, loss of enjoyment of life, and all other damages that are not economic damages.
Ohio law does place restrictions on how much a plaintiff can recover for noneconomic losses in a medical malpractice claim. Specifically, these damages are limited to:
- $250,000 or three times the amount of the economic damages (up to $350,000 for each plaintiff)
- $500,000 for injuries from one incident if there are multiple injured plaintiffs
If one or more plaintiffs suffered substantial and permanent loss of limb, deformity, or loss of an organ system, or their injuries impact functioning to the point they prevent victims from caring for themselves, the cap increases to:
- $500,000 for each plaintiff
- $1,000,000 for injuries from one incident if there are multiple plaintiffs
The jury will issue a verdict that separates economic damages from noneconomic damages in a medical malpractice case, and they might award a plaintiff $10 million in noneconomic damages for a catastrophic injury. However, the judge will then need to reduce the award to be in line with the damage caps under the law.
Contact Our Ohio Medical Malpractice Attorneys Today
Damage caps make it even more important for victims to have the right Ohio medical malpractice lawyer who will fight for the maximum amount of economic damages and noneconomic damages. The Eisen Law Firm provides success-driven representation for patients injured by all forms of medical malpractice injuries Call 216-687-0900 or contact us online for a free case evaluation today.
