Counseling clients regarding the potential value of their medical malpractice claim in Ohio is a complicated process, particularly since every case is different. The factors that we take into consideration include the strength of liability, provable economic losses, potential noneconomic losses, verdicts in similar cases, the venue, costs of litigation and our experience in handling similar claims. Throughout the duration of a case, additional facts and arguments, helpful and harmful, come to light which affect our evaluation on an ongoing basis. Therefore, our case evaluation continues from the initial meeting until the jury returns its verdict.
It is difficult to recommend a settlement value for a medical negligence case until discovery (a discussion about the discovery process will be included in an upcoming FAQ) has been completed, except in rare circumstances. To assist us in evaluating a particular case, we will obtain an economic analysis of lost earning potential, the cost of lost services and the cost of future medical care and related expenses.
Often, medical negligence cases are subject to mediation. Mediation is a formal settlement conference presided over by an independent mediator who attempts to facilitate settlement. Prior to any mediation, we will meet and prepare by reviewing the mediation process and discussing our evaluation of the claim at that point in the litigation.
When a case cannot be settled through mediation, the case proceeds to trial. Settlement discussions typically continue during the course of trial. At the conclusion of the trial, we will suggest to the jury what would be fair compensation for the injuries that are at issue. The amount of the dollar amount that we suggest depends on the various valuation factors discussed above. Ultimately, if the case is not settled, a jury is vested with sole discretion to set the value of the case through its verdict. However, the jury’s decision is subject to two important limitations: (1) the trial court has the duty to impose certain pre-set caps on damages; and (2) the trial court has the duty to reduce the damage award if it is deemed excessive or order a new trial.
People interested in learning more about our firm’s legal services, including medical malpractice in Ohio, may ask questions or send us information about a particular case by phone or email. There is no charge for contacting us regarding your inquiry. A member of our medical-legal team will respond within 24 hours.