When seeking compensation as a victim of medical malpractice, there is a limit on the compensatory damages you can recover with your claim. These damages are classified into two types: economic and non-economic.
There is no legal limit to the amount you can recover for economic damages, which are the financial losses you suffered due to a health care worker’s negligence. They include:
- Any present and future health care-related expenses resulting from the malpractice
- Compensation for income lost due to the malpractice, including past and future earnings if the malpractice has caused long-term or permanent disability
- Loss of earning capacity if the malpractice resulted in a reduced ability to earn income in the future
- Any other financial losses directly related to the malpractice, such as additional child care expenses or home modifications needed due to a disability caused by the malpractice.
On the other hand, there are legal limits to the non-economic damages or the intangible suffered that do not have a specific dollar value. These include pain and suffering, emotional anguish, reduced quality of life and loss of companionship, care and intimacy with a spouse or close family members.
The law in Ohio
The compensation that can be recovered for non-economic losses with a medical malpractice claim cannot exceed $250,000 or three times the economic damages up to a maximum of $350,000. The court or jury will award the appropriate amount depending on the specifics of the case.
However, there are exceptions for cases involving catastrophic injuries like permanent or substantial physical deformity, loss of limb or bodily organ system or a disability. In such cases, the recoverable amount is capped at $500,000.
Damage caps are among the hurdles you will encounter when seeking fair compensation for your injuries as a medical malpractice victim. Seeking qualified legal guidance can help you navigate such challenges and maximize your chances of recovering a deserving settlement.