When the medical malpractice of a doctor or nursing home caretaker causes harm to or even the death of a patient, the victim of the negligence or the victim's surviving family can seek compensation for their loss. Damages in a medical malpractice suit fall into two categories: compensatory damages and punitive damages.

Up until Wednesday, Feb. 15, 2012, there was some inconsistency in Ohio medical malpractice suits over whether, when requested by a defendant, the court must divide the trial into two separate stages. The Ohio Supreme Court clarified on Wednesday that when requested, the trial must be bifurcated.

The first stage of the trial would determine the defendant's liability and award the compensatory damages. If the jury determines that the defendant is liable, the trial would move to a second stage where the decision to award punitive damages and at what amount would be determined.

The case which brought about the Ohio Supreme Court's decision began when a man underwent hip surgery. While recuperating at Villa St. Joseph, the man's care led to the development of skin ulcers, and he eventually contracted a bacterial infection that led to his death. When the request to bifurcate was denied, the issue of the constitutionality of the law requiring bifurcation upon request arose.

Although the Ohio Supreme Court eventually ruled that the law did not violate the Ohio Constitution, it does not change the ability of a victim or the surviving family to seek compensatory and punitive damages for losses sustained at the hands of a negligent party.

Source: Legal News Line, "Ohio SC upholds tort reform law," Jessica M. Karmasek, Feb. 16, 2012