Non-economic damages: There has been a cap put on the amount of non-economic damages you can receive in a medical malpractice lawsuit. Non-economic damages can include the following, compensation for pain and suffering, permanent disfigurement, disability and loss of consortium. The non-economic damages cap is set at $250,000 per patient or three times the amount of economic damages, whichever is higher, with a maximum of $350,000 per patient and $500,000 per occurrence.
Economic damages: There is no cap on the amount of economic damages you can receive. Economic damages include the following, compensation for medical expenses, lost wages and other quantifiable monetary losses.
The cap is set higher for malpractice, those who have suffered a catastrophic injury: $500,000 per individual and $1 million per occurrence. Under Ohio law, catastrophic injuries include the following:
- Permanent and substantial physical deformity
- Loss of use of a limb
- Loss of a bodily organ system
- Permanent physical injury that prevents self-care