According to Section 2315.18 of the Ohio Revised Code, an injury is considered catastrophic when it results in a permanent and substantial physical deformity, the loss of use of a limb, or loss of a bodily organ system. Also considered catastrophic are permanent physical functional injuries that permanently prevent the injured person from being able to care for themself and perform their life-sustaining activities independently. Injuries that are commonly considered catastrophic include:
- Spinal Injury
- Birth Injuries
- Traumatic Brain Injury (TBIs)
- Head Injury
- Severe Burns
- Injury to Internal Organs
- Loss of Limb
- Paralysis
- Loss of Speech
- Loss of Vision
- Loss of Hearing
- Medication (Drug) Injuries
- Accidental Amputation
What causes catastrophic injuries?
Generally speaking, catastrophic injuries are a result of an accident that happens due to the negligence of another. At Adkinson Law, we represent persons that suffer catastrophic personal injuries due to a myriad of different causes, including:
- Medical Malpractice: Suffering an injury due to the negligence of a trusted medical professional should never happen. Unfortunately, medical malpractice does occur and often results in severe, catastrophic injury to the patient.
- Hospital Malpractice: Hospital malpractice occurs when the catastrophic injury is caused by an employee of the hospital, or the patient relied upon the hospital to provide their appropriate medical care and the hospital failed to meet that expectation.
- Pharmacy Errors: Pharmacy errors occur when a pharmacy fails to correctly fill a prescription as directed by the physician. Sometimes the pharmacy uses the wrong drug; other times, it is the correct drug but the incorrect amount.
- Surgical Errors: Due to the invasiveness of surgery, surgical errors are often catastrophic. Surgical errors are also some of the easiest catastrophic injuries to prove.
- Car Accidents: Car accidents that occur at high rates of speed or involve multiple vehicles tend to result in serious and sometimes catastrophic injuries.
Why does it matter if my injury is considered to be catastrophic?
In Ohio, whether or not an injury is considered catastrophic matters when you are seeking noneconomic damages. Noneconomic damages are damages that are not related to medical bills and lost wages and include mental anguish, pain and suffering, and loss of companionship. For injuries that are not catastrophic, there is a cap on how much a person can recover in noneconomic damages. A higher cap applies to catastrophic injuries.
Whether or not an injury is catastrophic and, therefore, not subject to the low noneconomic damages cap is a determination Pat Adkinson at Adkinson Law, LLC, can make. Pat is a highly skilled trial attorney adept at personal injury law and assisting victims of catastrophic injuries to obtain the compensation they deserve.
Speak With An Ohio Catastrophic Injury Attorney
If you or a loved one has suffered a catastrophic injury, contact Pat at 937-901-4394 to schedule a free, no-obligation consultation. Pat has the knowledge and skill needed to provide you with the legal representation you deserve.