Charles E. Boyk Law Offices, LLC
The Toledo medical malpractice settlement process begins with mediation before trial. Typically, the mediation would be with a court mediator that works specifically for the county courts that the lawsuit is filed. However, medical malpractice cases are very complicated and highly complex.
In a medical malpractice case, there is typically going to be a private mediator that is highly experienced at understanding, negotiating, and understanding the risks and the values in medical malpractice settlements. There are some highly excellent private mediators throughout the state of Ohio that are used in medical malpractice cases. Should you choose to proceed to settle your case, speak with a medical malpractice lawyer about how to begin.
Negotiation is a large portion of the Toledo medical malpractice settlement process. The amount of the settlement is determined by the negotiation between the parties. The mediator will play an important role in those numbers, but the numbers and the amount of the settlement is just a negotiation between the parties.
Typically if there is a settlement in the cases before trial, the value of the case will be determined by the medical bills, the future medical bills, the future permanent injury, pain suffering, inconvenience and future lost wages, and economic impact of the client.
A jury is only involved if the case goes to trial. If the case goes to trial, the attorneys will argue liability and the attorneys will evaluate and give their version of what the correct amount of damages is in the entire process. The jury is the ultimate determiner of liability, meaning was the doctor or hospital negligent and responsible for the injuries or death and if so, what is a fair amount of damages.
Typically, a jury could determine that the doctor or hospital is zero percent negligent or 100 percent negligent or a percentage in between. In order to collect under Ohio law, the doctor or hospital would have to be more than 50 percent, so at least 51 percent negligent. If a jury determined that the value of the case was a million dollars, but the doctor was only 60 percent negligent, the jury verdict would be $600,000, which would be 60 percent of the million dollar verdict.
Typically, fully cooperating with an attorney helps someone’s Toledo medical malpractice settlement process. Another issue in the negotiated settlement, the attorney can put a clause in the settlement agreement indicating that the money will be received in a specific amount of time. Attorneys can help the individual by educating them on the process and all the steps that need to be taken to bring a medical malpractice case.
In the Toledo area, lawyers can evaluate the case, review the standard of care, find the expert witnesses, and work with the client and the expert witnesses to evaluate whether there is a departure of the standard of care and the strength of the case. They can also help obtain reports from an expert witness as far as the future economic loss to the individual, the permanency of the injuries, and the overall impact on the client’s lifestyle.
The job as the attorney in the medical malpractice case is to thoroughly investigate the claim, find expert witnesses to evaluate the arguments and the potential risk of winning and losing the case. They can also evaluate the risk of devaluation of the case and evaluate the jury verdicts and potential risk. It can be important to speak with an attorney about whether initiating the Toledo medical malpractice settlement process could benefit you long-term.