When medical care goes wrong in Ohio, patients can face life-altering consequences. Medical malpractice occurs when healthcare providers fail to deliver care that meets accepted professional standards, resulting in patient harm. At Tittle & Perlmuter, our Cleveland medical malpractice lawyers know these situations can leave victims confused about their rights and what compensation they might receive.
This guide explains the different damages available in Ohio medical malpractice cases. If you have experienced medical negligence, knowing these categories can help you better grasp what to expect during the legal process.
Economic Damages
Economic damages represent the measurable financial losses you experience due to medical malpractice. These damages have clear dollar values and can be calculated with relative precision.
Medical Expenses
Medical malpractice often creates the need for additional treatment to address harm caused by negligent care. These expenses include:
- Hospital bills for corrective procedures
- Costs for medication to treat complications
- Fees for specialist consultations
- Expenses for rehabilitation services
- Charges for medical equipment and devices
- Transportation costs to medical appointments
Medical expense damages cover current costs already incurred and projected future medical expenses related to the malpractice. For example, if a surgical error requires multiple corrective surgeries, you might recover the costs of those procedures plus future anticipated treatments.
Ohio law allows recovery of all reasonable medical expenses needed to address harm caused by medical negligence. Our team works with medical experts to accurately project the full scope of future care needs to ensure adequate compensation.
Lost Income and Earning Capacity
Medical malpractice can force victims to miss work temporarily or permanently affect their ability to earn a living. Lost income damages include:
- Wages lost during recovery periods
- Salary and benefits missed during hospitalization
- Reduced earning capacity due to permanent injuries
- Loss of business opportunities or advancement
- Costs of job retraining, if necessary
The calculation becomes more complex when injuries affect long-term earning potential. For instance, a surgeon who loses fine motor control might never practice again, resulting in substantial lifetime income loss. Our firm uses economic experts to calculate these long-term projections accurately.
Household Services and Support
Injuries from medical malpractice often prevent victims from performing household tasks they previously handled. Damages may include compensation for:
- Home maintenance services
- Childcare expenses
- Meal preparation assistance
- Transportation services
- Home modifications for accessibility
These costs represent real economic losses that must be factored into a complete damages calculation.
Non-Economic Damages
Non-economic damages address the subjective, personal impact of medical malpractice. These damages acknowledge suffering that cannot be easily measured in dollars but significantly affects the quality of life.
Pain and Suffering
Pain and suffering damages compensate for physical discomfort and emotional distress from medical malpractice. This includes:
- Physical pain from injuries
- Discomfort during recovery and treatment
- Emotional distress and mental anguish
- Anxiety and depression related to the injury
- Sleep disturbances and other physical manifestations of distress
Under Ohio law, most medical malpractice claims are subject to limits on non-economic damages. In general, a plaintiff may recover up to $250,000 or three times the amount of economic damages.
Loss of Enjoyment of Life
Medical malpractice can rob victims of activities and experiences that previously brought joy and fulfillment. These damages compensate for:
- Inability to participate in hobbies and recreational activities
- Loss of ability to exercise or play sports
- Reduced capacity to engage in family activities
- Diminished quality of social interactions
- Limitations on travel or leisure pursuits
For example, an active person who enjoys hiking, running, and playing with grandchildren might deserve substantial compensation if medical negligence results in permanent mobility limitations.
Loss of Consortium
These damages recognize the impact of injuries on relationships, particularly between spouses. Loss of consortium damages address:
- Changes in marital relationships
- Loss of companionship and affection
- Diminished capacity for intimate relations
- Reduced ability to provide emotional support
- Changes in family dynamics and roles
In Ohio, the spouse of the injured patient may file a separate claim for loss of consortium. These damages acknowledge that medical malpractice harms not just the patient but also affects their closest relationships.
Punitive Damages
Punitive damages differ from compensatory damages in that their primary purpose is not to reimburse the victim but to penalize the at-fault party for especially reckless or intentional misconduct. They are awarded in cases where the wrongdoer’s behavior was so egregious that it warranted additional punishment and acted as a warning to others.
Ohio sets a high standard for punitive damages in medical malpractice cases. To recover punitive damages, a plaintiff must prove that the medical provider acted with:
- Malice
- Aggravated or egregious fraud
- Oppression or insult
- Conscious disregard for the rights and safety of patients, creating a substantial risk of harm
Examples might include a surgeon operating while intoxicated or a doctor knowingly prescribing harmful medications for financial gain.
Ohio caps punitive damages at twice the compensatory damages or 10% of a defendant’s net worth (up to $350,000), whichever is less.
Time Limitations for Seeking Damages
Ohio imposes strict time limits on medical malpractice claims. Generally, you must file within one year of the injury or when the injury was discovered (or reasonably should have been discovered).
The statute of repose creates an absolute deadline of four years from when the malpractice occurred, regardless of when it was discovered, with limited exceptions.
These deadlines make prompt legal consultation crucial after suspected medical malpractice.
The Importance of Proper Damage Calculation
Many medical malpractice victims focus solely on current medical bills without considering the full scope of damages.
This approach often leads to inadequate compensation that fails to cover long-term needs.
At Tittle & Perlmuter, we conduct thorough damage assessments for every client, working with medical experts, economists, and life care planners to capture the complete impact of medical negligence. Our goal is to secure compensation that truly addresses all harms, both economic and non-economic, caused by medical malpractice.
If you believe you have experienced medical malpractice in Ohio, contact our team for a consultation. We can help you evaluate your situation and determine what types of damages might apply to your case.
