A Columbus medical malpractice lawyer will use their skill and expertise to ensure you have the best chance of filing a successful medical malpractice claim.
In Columbus, Ohio, medical malpractice victims have the right to bring a claim against the medical care provider at fault for their injuries. If you have been injured due to a medical care professional’s mistake or failure to follow the accepted medical care standard, it is advisable to talk to a Columbus medical malpractice lawyer to learn if you are qualified to file a claim.
Compensation Claim Medical malpractice claims involve preparation of documents, assessment of medical examinations and records as well as an investigation of what happened and who really is at fault. The law surrounding medical malpractice can be quite complex. Therefore it is in your best interest to have a Columbus medical malpractice lawyer assist you when filing your claim. A Columbus medical malpractice lawyer will handle everything from filing necessary forms, gathering of evidence to negotiation with the liable party.
Sometimes, it can be difficult to determine who to file a claim against. Individual medical experts or staff can be held responsible for medical negligence as well as whole medical facilities including nursing homes, clinics and hospitals. Emergency rooms can be vulnerable to medical malpractice especially if these rooms are ill-equipped or understaffed. Nursing homes can also be targets of medical malpractice claims especially the ones that do not provide proper shelter, sufficient food, medical care and right supervision.
Filing a medical malpractice claim can be a stressful and time consuming procedure, so you need to be patient and co-operate well with your Columbus medical malpractice lawyer to prove the following facts, which will strengthen your claim:
- that the medical professional in question owed you a duty of care
- that the conduct or action taken by the medical professional fell below the accepted medical care standard
- that you have suffered an injury caused by the medical professional in question’s failure to do his job in accordance with the accepted standard of medical care
- that the injury you have sustained as a result of the party at fault’s negligence has caused you physical, financial or emotional damage.
Damage Caps The state of Ohio does not impose a cap on the value of economic damages (i.e. medical expenses, lost earnings and other injury related monetary losses) you may recover. However, the amount of non-economic damages (i.e. disfigurement, pain and suffering, loss of consortium or disability) is limited to $250,000 or three times the value of economic damages, whichever is higher. For severe injury cases (i.e. catastrophic injuries), the cap is set at $500,000 per injured person and $1,000,000 per occurrence.
Statute of Limitations The law in Columbus, Ohio regarding the time limit in which an injured person can file a medical malpractice claim is relatively clear. It is important to speak to a Columbus medical malpractice lawyer immediately after your injury as the state has a strict one year statute of limitations on malpractice claims.
A Columbus medical malpractice lawyer is an invaluable aid to have by your side when filing a medical malpractice claim. Therefore, if you feel you have a claim and are entitled to compensation, you should speak with a Columbus medical malpractice lawyer immediately.
For more information on other areas of Columbus personal injury law, please see our Columbus personal injury law page