Medical Malpractice in Ohio
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Ohio Medical Malpractice: Overview
Ohio combines a relatively short statute of limitations with a firm non-economic damage cap, making early case evaluation critical. Ohio courts have repeatedly upheld the constitutionality of the non-economic cap.
Ohio Statute of Limitations
ORC § 2305.113 imposes a 1-year limitations period from discovery, with a 4-year statute of repose. Minor tolling rules are complex — claims for injuries to minors generally must be filed by the later of the child's 14th birthday or 1 year from reaching the age of majority. Always verify with Ohio counsel.
Ohio Non-Economic Damage Cap
ORC § 2323.43 caps non-economic damages at $350,000 per plaintiff (or $500,000 in catastrophic cases involving permanent and substantial physical deformity, loss of use of a limb, loss of sight or hearing, or loss of the ability to reproduce). Economic damages are uncapped.
Affidavit of Merit in Ohio
Ohio Civil Rule 10(D)(2) requires the plaintiff to attach to the complaint an affidavit of merit from a qualified expert establishing the standard of care, breach, and that the breach caused the injury.
Expert Requirements in Ohio
The expert must be in the same or substantially similar specialty as the defendant and must have devoted a majority of professional time to the active clinical practice or teaching of medicine in that specialty within the past 5 years.
Ohio Court System for Malpractice
Ohio malpractice cases are filed in the Court of Common Pleas in the county where the malpractice occurred or where a defendant resides. Appeals go to the Ohio Courts of Appeals and, ultimately, the Supreme Court of Ohio.
Common Defendants in Ohio Malpractice
Major defendants include Cleveland Clinic, University Hospitals, OhioHealth, Kettering Health, and Bon Secours Mercy Health.
Notable Ohio Malpractice Law
Ohio applies modified joint and several liability under ORC § 2307.22 — defendants less than 50% at fault are only severally liable for non-economic damages.
Finding a Medical Malpractice Attorney in Ohio
The Ohio State Bar Association Lawyer Finder and the Ohio Association for Justice member directory are useful starting points for identifying experienced malpractice counsel.
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Sources
- ORC § 2305.113 — Ohio Revised Code
- ORC § 2323.43 — Ohio Revised Code
- Ohio State Bar Association — OSBA