Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
If you have recently suffered due to the treatment by a doctor or medical professional, you may have reason to be concerned that your medical provider acted negligently. When a doctor or other health care provider’s recklessness or negligence causes you harm, you may have the right to legal representation from a Sandusky medical malpractice lawyer. A seasoned personal injury attorney could work with you to determine whether you could be entitled to financial compensation for your injuries.
Every doctor, nurse, dentist, optometrist, and other medical professional owes their patients a duty of care. The term “duty of care” refers to the medical professional’s obligation to meet certain standards of care in line with professional expectations when treating their patients.
When a medical care provider fails to meet the standardized duty of care for their field and their patient suffers illness or injury as a result, that medical professional may have committed malpractice. If so, a Sandusky medical malpractice attorney could help the injured patient file a lawsuit seeking compensation for the harm they sustained.
When an injured patient sues their medical care provider, they may ask the court to award them money for the damages—the legal term for injuries and losses stemming from a personal injury—they suffered. There are two types of damages—economic and non-economic—that the patient, as the plaintiff in the case, could seek to recover from the care provider, who becomes the defendant.
Economic damages are quantifiable financial losses that the injured victim incurred. These often include medical bills, lost wages from time taken off work to recover, and loss of future earning capacity in the event of a long-term injury. On the other hand, non-economic damages account for the physical pain and emotional injuries the victim suffered due to the malpractice, which may be harder to quantify with an exact monetary value.
The distinction between economic and non-economic damages is important in Sandusky medical malpractice cases because Ohio Revised Code §2323.43 sets a maximum limit on the financial award a victim could receive for their non-economic damages. This law may apply to any act of malpractice that occurred on or after April 11, 2003.
According to this statute, plaintiffs cannot receive non-economic damages in excess of $250,000 or three times the amount they received for their economic damages, whichever is higher. This amount may usually be capped at a maximum of $500,000 per occurrence of malpractice.
However, if the plaintiff suffered “permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical injury that prevents self-care,” this cap could increase to $1,000,000 per occurrence. A Sandusky medical malpractice lawyer could help an individual plaintiff determine how much financial recovery their situation may allow them to seek.
Clearly, calculating the amount of money an injured malpractice plaintiff might seek in court is complicated. An injured patient may benefit from calling an experienced Sandusky medical malpractice lawyer for help.
A seasoned attorney could know how to use medical evidence and experts to calculate the lifelong damages a plaintiff may suffer as a result of malpractice. In addition, healthcare providers usually carry malpractice insurance, which could mean that when the care provider gets sued for committing malpractice, their insurance company often provides them with legal representation.
Acquiring a Sandusky medical malpractice attorney could mean having an attorney in your corner who you can rely on to fight for you. Call today to learn how a dedicated personal injury lawyer could prioritize your best interests in and out of court.
Charles E. Boyk Law Offices, LLC