Medical malpractice claims allow victims of a medical professional’s failures to hold their providers financially accountable for their errors. There are limits on the amount a victim can receive from the medical team but as highlighted in a recent case, certain egregious cases can qualify for additional compensation.
What are the medical malpractice award limits?
Medical malpractice award limits vary by state. These awards generally fall into one of two categories: economic and noneconomic loss. Economic losses represent those that are quantifiable like the cost of additional medical treatment or lost wages. Noneconomic losses are more difficult to quantify and are meant to “make the victim whole” after a serious accident. This could include compensation to help make up for pain and suffering. In Ohio, there is no limit to economic losses, but the state generally caps noneconomic losses at either $250,000 or three times the victim’s economic losses, whichever is greater.
Are there exceptions?
In a recent example, attorneys were able to establish that the victim of a medical malpractice claim deserved damages above the amount allowed by state law. Upon review, the Tenth District Court of Appeals in Ohio agreed.
In this case, the victim suffered severe and permanent neurologic injuries as a direct result of poor care. The victim and her legal team were able to establish that her medical team failed to diagnose and treat a thiamine deficiency. This failure caused the victim’s inability to walk. As a result, she will be bed-bound for the rest of her life.
The victim was able to establish $5 million in economic damages but the jury also awarded $20 million in non-economic losses – well above the cap noted above. The defendants pushed back and attempted to reduce it to the $500,000 limit. Upon review, the appellate court affirmed the trial court’s ruling that the statute capping noneconomic damages in medical claims was unconstitutional when applied to the client.
The case serves as an example of the importance of tailoring a legal strategy to the particulars of the case. In this example, the victim and her legal team were able to build an argument that convinced both the trial and appellate courts that an award above and beyond the cap was warranted. Those in similar situations are wise to seek legal counsel with experience in this area of law to review their case and discuss their options.