Leeseberg & Valentine

Penthouse One 175 South Third Street Columbus, OH 43215

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Perfection vs. Reality in Medical Malpractice Cases

Nobody expects doctors and hospitals to be perfect. But we do expect them to act carefully and reasonably in caring for us and our family. And like each of us, if they do not act carefully and reasonably, they are accountable for any harm caused by their actions. If a medical mistake hurt you or your family, those responsible for the harm must be held accountable. And someone needs to make them make it right. That's where the right lawyer comes in. Cases which involve harm caused by medical mistakes are commonly referred to as medical malpractice cases.

In Ohio, to succeed in a medical malpractice case you must prove that an injury was caused from a medical professional's failure to act carefully and reasonably under the circumstances. This includes an error in treatment, a failure to timely or correctly diagnose an illness or condition, a delay in treatment among other things.

If that isn't complicated enough, there are strict (and quite short) time limits by which you must file a lawsuit or you miss the chance to seek redress for the harm caused by any medical errors. Once you hire a lawyer to file timely file your case,, there are other issues to navigate.

Ohio law has a cap on damages caused by medical errors that restricts the amount an injured person can recover no matter the severity of the harm. These caps are complicated. Damages are what you're seeking in a medical malpractice case but there are several different kinds of damages at stake in a case. Payment of medical bills and lost wages are compensatory damages. These are numbers that are easily calculated and there are no caps for these kinds of damages.

Pain and suffering are phrases most people recognize. These non-economic damages cover exactly that, what you went through as a result of the medical error(s). This is where caps come into play and where the calculation is not easy or clear cut and where a seasoned lawyer can really be of benefit to you.

There's also damages intended to punish the medical profession for behavior that is reckless and results in injury or damage. These are punitive damages and they are capped in direct relation to the compensatory damages you may be awarded.

Winning isn't the only thing, it's just a part of the help you need when taking on the medical establishment because being made whole for what happened to you is really what it comes down to. That's what we strive for at Leeseberg & Valentine, making sure that when we win for you we have made sure that you are going to be taken care of and can live with what happened to you at the hands of the medical profession, people we trust because we have to but that we know aren't perfect.

Our Recent Blog Posts

  • Dec 11 : Anne Valentine Takes Part in "The Concert for US"
    Partner Anne Valentine and the rest of the Harmony Project took part in their annual winter concert last Thursday at Nationwide Arena. The Harmony Project, a community service organization working to unite our neighbors and neighborhoods to tear down the social,...
  • Dec 08 : Physicians Mindful of the "Power of the Apology"
    In the wake of the Ohio Supreme Court's decision in Stewart v. Vivian, physicians around the country are paying more attention to the "apology laws" in their state. In a recent article written by a physician for the Huffington Post, he...
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