The case evaluation process for medical malpractice claims can be different than the process for evaluating other types of injury claims. This is in part due to the nature of medical malpractice laws and in part due to unique nature of pursuing medical negligence claims.
Relying on an experienced medical malpractice attorney, like those of Lowe Eklund Wakefield Co., LPA, can help you better understand whether taking legal action in your particular circumstances is the right move for you. Here are a few things to know before calling for your free case evaluation.
Medical Malpractice Occurs Frequently
Medical errors occurs frequently. According to Forbes, medical errors are responsible for literally hundreds of thousands of deaths each year. The corresponding rate of medical errors that cause or exacerbate non-fatal injuries and illnesses can be assumed to be astronomically high. In short, medical errors happen all the time.
When medical errors occur because a medical professional or facility performed below the applicable standards of care, that is called medical malpractice. Injuries resulting from medical malpractice can range from extremely severe, like wrongful death or paralysis, to relatively minor, like bruises and scrapes.
If you were injured in any way as the result of negligent medical or surgical treatment, it is recommended that you call an attorney for a free evaluation of your potential claims.
Case Evaluation in Ohio
While many, many people will suffer injuries as the result of malpractice, not all instances of medical malpractice present claims for which your attorney will recommend pursuing legal action. To understand why, one first needs to understand the legal landscape in Ohio.
While there are no limits on economic damages, Ohio law caps non-economic damages in medical malpractice claims. The calculation of Ohio’s damage caps is complicated, but suffice it to say that medical malpractice claims—because of legislative action—are not compensable to their full extent. They are limited by law.
This by no means suggests that Ohio medical malpractice victims cannot recover compensation for their claims. They can and do, with the help of attorneys like those of Lowe Eklund, receive financial compensation for medical error injuries.
But medical claims require medical evidence and medical experts. Securing expert testimony for a medical malpractice claim can prove costly in complicated or specialized cases. The projected cost of pursuing your claim will factor into whether a lawsuit is warranted.
Determining Whether to Proceed
Considering all of the above, one can follow along with the case evaluation process your attorney will likely follow. First, the evaluation of the incident itself. Does it appear as though medical malpractice occurred? Next, what sort of injuries resulted? Were the injuries substantial enough to pursue compensation? And, to evaluate the latter question, will the cost of collecting expert testimony and the caps on damages outweigh the likely settlement or judgment amount?
These questions, along with additional legal questions regarding statues of limitation, affidavits of merit, and similar technical requirements, must be answered before a determination about the viability of your lawsuit can be made.
Lowe Eklund Wakefield Co., LPA – Free Medical Malpractice Case Evaluations
Evaluating a malpractice claim takes the experience and insight of a trusted medical malpractice attorney. If you have suffered any injury, large or small, as the result of medical error or negligence, it is in your best interest to speak to a lawyer as soon as possible about your options. Call today for your free consultation.