The Keefe Law Firm, LLC
Call For A Free Consultation : 216-815-3574
Call For A Free Consultation : 216-815-3574

More Attention.
Greater Focus.

More Attention.Greater Focus.

Better Results.

Better Results.

Photo of Stephen T. Keefe

How much can you recover in a medical malpractice case?

On Behalf of | Oct 16, 2024 | Medical And Professional Malpractice

Compensation or damages payout for medical malpractice cases vary widely. The amount you may recover depends on the specifics of your case. One example is the extent of the injury or mistake. The damage cap is another critical factor affecting the total compensation you may recover.

What are damage caps?

Many states impose damage caps or restrictions on how much compensation you may recover in medical malpractice cases. These usually only apply to non-economic damages such as:

  • Physical pain and suffering
  • Emotional distress
  • Loss of quality of life

Governments set damage caps to prevent excessive payouts that can potentially bankrupt hospitals.

Medical malpractice damage caps in Ohio

Ohio only set limits for noneconomic damages. State laws cap these damages at $250,000 or three times your economic damages. Courts go with whichever is higher, up to a maximum of $350,000 per plaintiff. If your case involves other plaintiffs or victims, the damage cap is $500,000 per case.

Exceptions to state damage caps

Ohio does not have any damage caps for economic or compensatory damages. You can still file for and potentially recover the actual amount of damages you incur such as:

  • Medical costs
  • Lost income
  • Lost future earnings

Additionally, the state raises the damage caps for medical malpractice cases involving catastrophic injuries. Although there is still a limit, the damage cap for catastrophic injuries is $500,000 per plaintiff or $1,000,000 per case. Catastrophic injuries often result in long-lasting consequences for the patient, and in some cases, they may even be permanent. Examples of catastrophic injuries are permanent physical deformities and traumatic brain injuries.

Recover rightful compensation for your case

When pursuing a medical malpractice claim, knowing state laws regarding damage caps is important. After all, this information can affect your maximum compensation. Speaking with an experienced attorney can offer you a clearer idea of how the laws may affect your claim and recoverable damages. They can assess your situation and help you recover your case’s maximum and rightful amount.