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Ohio Personal Injury Law Blog

Are medical malpractice damage recoveries capped in Ohio?

Few questions in life seem to have clear and unwavering answers, and so it is relating to inquiries regarding medical malpractice damage limits in Ohio.

As to the question whether state law imposes so-called “caps” or ceilings on the amount of money that a plaintiff injured through an act of medical negligence can receive, the answer is both “yes” and “no.”

That ambiguity certainly begs an informed explanation from an Ohio attorney with considerable experience promoting the interests of victims injured through malpractice acts and omissions.

Retained surgical items: What you don’t know can indeed hurt you

Many people in Ohio and elsewhere across the country have ambivalent feelings about the medical field, specifically the practice of medicine.

On the one hand, they know that astounding advances in medicine in recent years have produced dramatic breakthroughs that improve patients’ prospects and save lives in high numbers.

On the other hand, the obvious nexus of medical care with hospitals can unnerve many people. Medical facilities can be unsettling places, given their antiseptic nature, the stainless steel mountains of unfamiliar equipment, and hospitals’ close connection with sickness and, often, death.

Birth injury remedies: imperfect, though striving for justice

Legal remedies are often imperfect, with that reality perhaps being nowhere more evident than in the realm of birth injuries.

Candidly speaking, there is of course no remedy existing that can duly compensate for the injury a newborn suffers owing to an act of medical negligence, save for the elimination of that injury and consequent damage associated with it.

In the real world, such a hoped-for outcome is illusory, with the law being left to simply provide the best redress it can.

Working toward smarter pediatric surgical care in hospitals

All surgical mistakes are lamentable, of course, with serious errors being flatly tragic. Having noted that, though, it is certainly understandable that many people grieve especially hard when children are victims of preventable surgical miscues.

There is no denying that children, when compared with adults, are comparatively innocent and vulnerable in many areas of life.

That vulnerability is especially evident in the realm of medicine. Children have developing brains and bodies. They are at heightened risk for sedation-related problems, with pediatric anesthesia often being a difficult read for surgeons most accustomed to operating on adults in general hospitals.

ID thieves finding patient records fertile ground for hacking

If you were told that private information from your personal files had just been hacked, you'd likely get on the phone and call your credit card company, right?

Perhaps a business entity -- a store, gas station or other establishment -- that issued you a retail credit card might be next in line for a call.

You might want to eschew all such contacts in the first instance, though, and get in touch instead with your local medical care provider. It turns out that identity thieves and other criminals are particularly lusting after the rich vein of personal information they can glean from patients' medical records.

Medical "never events" too often deadly: How to deal with them?

Here's one central takeaway the National Quality Forum seeks to impart regarding the most pernicious of medical mistakes.

Concerning so-called "never events" (mistakes that are so outrageous they should never occur under any circumstances), the forum stresses that its comprehensive list of 28 events is, well, not really comprehensive.

That is, and notwithstanding the great detail and scope inherent in the organization's enumerated list of the most appalling medical mistakes, the compilation will forever be incomplete.

Can I suffer a traumatic brain injury and not even know it?

We focused on the subject of traumatic brain injury (TBI) in our immediately preceding blog post, noting therein some salient points made by the Mayo Clinic concerning a few of the central causes underlying TBIs.

As we informed readers in that prior entry, traumatic brain injury is a complex condition that has emerged as a high-profile topic in the American press in recent years.

Given new research focusing upon TBIs, coupled with a greater appreciation in the general public for the scope and severity of head injuries across the country, a growing realization has occurred that head trauma is far more prevalent than has previously been assumed.

What are common factors precipitating traumatic brain injury?

Head trauma is a medical condition that is surfacing with increasing frequency in American hospitals and clinics across the country, including in Ohio.

As noted by the Mayo Clinic in an article on the subject, traumatic brain injury (TBI) can be caused by many precipitating factors, including what Mayo staff writers term "common events."

Some of those underlying sources of injury can indeed be hypothesized quite quickly and easily by many readers. It is hardly surprising, for example, that falls are a leading cause of head injuries in both adults and children. Vehicle crashes understandably yield high numbers of brain injuries. Sports-related head injuries, too, send many people to emergency rooms nationally.

Preventable medical error: Widespread, but remediable

That preventable medical error is an implacable and alarming foe of patients in health centers across the country has been manifestly evident for many years. The seminal “To Err is Human” report authored by the Institute of Medicine in 1999 estimated that nearly 100,000 people might be dying in American hospitals annually from the acts and omissions of medical professionals.

As shocking as many of our readers in Ohio and elsewhere might find that number, it must be noted that researchers in multiple studies now find it to be likely understated, and to a marked degree. A report appearing last year in the medical publication Journal of Patient Safety posited that the number of Americans killed each year in the nation’s hospitals and clinics from medical negligence could be far higher than what IOM researchers surmised.

Medical harm: seeking meaningful remedies for injured persons

As personal injury attorneys providing clients with broad-based representation that seeks to fully safeguard their interests and promote their rights when they are injured through third-party negligence, we know where we stand on the issue of medical malpractice.

And for strong and compelling reasons, it is not with so-called tort reformers.

Tort reform has for many decades now been pushed hard across the country, including in Ohio, by medical groups, insurance companies and hospital administrators.

Its central premise is this: Plaintiffs' recoveries in malpractice cases are breaking the bank, keeping good doctors out of practice and encouraging frivolous litigation.