An incident of medical malpractice can inflict life-altering harm on a patient. However, it can be difficult to place a value on those losses. An injured patient can seek recovery for all necessary medical care, and many seek payments for the resulting emotional losses.
One key function our experienced attorneys serve is to help you determine the value of your case. This could help you perform a realistic evaluation of your claim as well as to approach the negotiating table from a position of strength. As a result, determining the damages in Columbus medical malpractice cases is a key component of any claim.
Medical Bills and Other Financial Losses
Economic damages make up all out-of-pocket expenses directly stemming from the medical misconduct. According to Ohio Revised Code §2323.55(A)(1)(a), these losses include all expenditures for medical care or other rehabilitative services made necessary due to the defendant’s malpractice. Economic losses can also include all wages, salaries, or other forms of compensation that a patient loses because of the negligence. There is no cap on this type of damages in Columbus medical malpractice cases.
Non-Economic Damages from Physician Error
The other category of damages in Columbus medical mistake cases compensate a patient for non-economic losses. Under Ohio Revised Code §2323.55(A)(4), these damages affect the emotional wellbeing of patients who suffered malpractice. These losses are difficult to accurately measure but our team of knowledgeable attorneys are experienced in calculating all a person’s losses.
According to the law, common non-economic losses include:
- Pain and suffering
- Loss of companionship
- Loss of care
- Mental anguish
Every instance of medical malpractice will affect people differently. Our attorneys could work with experts to determine the extent of these losses in a claim.
In Columbus, there is a damages cap on non-economic damages in medical malpractice claims. Under Ohio Revised Code §2323.43, the cap is $250,000, or three times the economic losses, whichever value is greater.
Seeking Compensation for Future Damages
Economic and non-economic losses do not just include the damages you have endured up to this point. Especially in medical malpractice claims, the effects of a doctor’s negligence may be present for many years. Due to this, many claimants seek compensation for not just their current costs but for the estimated future losses.
For example, a failure to properly diagnose cancer may cause a tumor to metastasize, requiring extensive radiation treatments. These treatments can take years to complete. Since the statute of limitations for these claims is one year from the date of misdiagnosis, you may need to pursue a claim before the true extent of your losses are known. As a result, the claim must attempt to estimate the costs of all treatment for the future.
Determining the Proper Damages in a Columbus Medical Malpractice Claim
Having a positive outcome of a medical malpractice claim in Columbus is essential to your future. However, it can be difficult to measure your losses and demand proper payments from at-fault medical providers.
Our skilled team of attorneys could help calculate your total damages in Columbus medical malpractice cases. We could gather evidence of economic harm, non-economic losses, and even future damages to craft demand packages that accurately reflect your experience. Contact our office today to get started.