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Turn To A Trusted Medical Malpractice Attorney
Scott M. Kuboff, Esq. is a Chardon medical malpractice attorney with the law firm of Ibold & O’Brien who helps his clients receive fair and just compensation for injuries resulting from medical, nursing and surgical mistakes.
Scott represents victims of medical negligence throughout the state of Ohio in a variety of claims, including:
- Prescription drug overdoses and allergic reactions to medication
- Failure to diagnose and missed and delayed diagnoses
- Surgical mistakes, including anesthesia errors and hospital infections
Attorney Scott M. Kuboff, Esq., will work hard to uncover medical mistakes and make physicians pay for the harm they have caused patients through their negligence.
To establish a medical malpractice claim, a Chardon medical malpractice attorney must establish:
- A duty running from the physician to the plaintiff
- A breach of standard of care
- Damages suffered by the plaintiff
- A proximate causal relationship between the breach of duty and the damages
An experienced medical malpractice lawyer will be your most important ally in such a case.
When A Physician-Patient Relationship Creates A Duty
Ohio courts have found the physician-patient relationship has the following characteristics:
- It arises out of an express or implied contract that imposes on the physician an obligation to utilize the requisite degree of care and skill during the relationship.
- The relationship is a consensual one and is created when the physician performs professional services that another person accepts for medical treatment.
- It is a fiduciary relationship based on trust and confidence and obligating the physician to exercise good faith.
- The patient will rely on the judgment and expertise of the physician.
- The patient seeks out and obtains the physician’s services because the physician possesses special knowledge and skill in diagnosing and treating diseases and injuries, which the patient lacks.
If a doctor breached their duty to a patient, there may be a medical malpractice claim.
Breach Of Standard Of Care
To establish a breach of the standard care, a plaintiff must prove the recognized standard of the medical community in the particular kind of case and show that the physician in question negligently departed from this standard in his treatment of the plaintiff.
In other words, it must be shown that the physician breached the standard of care by doing a particular thing or things that a physician or surgeon of ordinary skill, care, and diligence would not have done under like or similar conditions or circumstances or by the failure or omission to do some particular thing or things that such a physician or surgeon would have done under like or similar conditions and circumstances.
In most cases, our medical malpractice attorney will tap the knowledge of an expert to establish the appropriate standard of care. He will then explain what a medical professional of ordinary skill, care, and diligence in the same medical specialty would do in similar circumstances. This argumentation can establish liability.
Showing Causation
In addition to establishing the standard of care and breach, a plaintiff must prove that the injury complained of was the direct result of such doing or failing to do someone or more of such particular things. In other words, the injury must also be “the natural and probable consequence” of the negligent act and it must appear that the injury complained of could have been foreseen or reasonably anticipated from the alleged negligent act.
Types Of Damages Available
In a medical negligence case, there is no limitation on the amount of economic damages a plaintiff can recover. R.C. § 2315.18(B)(1). Economic damages include lost wages, medical expenses and other expenditures incurred as a result of the injury. See R.C. § 2315.18(A)(2)(a) through (c).
In addition to economic damages, plaintiffs may recover for noneconomic damages, which include “pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, disfigurement, mental anguish and any other intangible loss.” R.C. § 2315.18(A)(4).
Quantifying Noneconomic Damages
Generally, noneconomic damages are capped at the greater of “two hundred fifty thousand dollars [$250,000.00] or an amount that is equal to three times the economic loss, to a maximum of three hundred fifty thousand dollars [$350,000] for each plaintiff in that tort action or a maximum of five hundred thousand dollars [$500,000] for each occurrence that is the basis of that tort action” R.C. § 2315.18(B)(2).
In the event of a catastrophic injury, there is no limit to noneconomic damages. See R.C. § 2315.18(B)(3).
Holding Hospitals Accountable
Attorney Kuboff is ready and willing to take on big hospitals like the Akron General, Chardon Clinic, EMH Regional, Lake Health, Metro Health System, Summa Health System and University Hospitals to hold them accountable for your injuries.
His representation of people harmed through medical malpractice victims is on a contingency basis, meaning you will pay no attorney fees unless he recovers compensation for you.
If you have been injured because of a medical, nursing, or surgical mistake, please contact the firm by email or call 440-285-3511 to request a no-cost, no-obligation consultation and case evaluation.
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