Hospital Infections in Ohio
Average Settlement: $250,000 - $700,000 | Statute: 1 year from the date the cause of action accrued
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Ohio Medical Malpractice Laws
Statute of Limitations
1 year from the date the cause of action accrued
Damage Cap
$250,000 or three times the plaintiff's economic damages, whichever is greater, with a maximum cap of $350,000 per plaintiff or $500,000 per occurrence (exceptions for catastrophic injuries)
Discovery Rule
Ohio applies the discovery rule, tolling the statute until the patient discovers or should have discovered the injury, subject to a 4-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit from a qualified expert with the complaint.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Ohio has one of the shortest statutes of limitations at 1 year from accrual of the cause of action.
- ✓An affidavit of merit from a qualified medical expert must be filed with the complaint.
- ✓The non-economic damages cap does not apply to catastrophic injuries such as permanent vegetative state, quadriplegia, or paraplegia.
- ✓Ohio follows a modified comparative negligence system with a 51% bar.
- ✓Punitive damages are capped at two times the compensatory damages awarded.
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Other Malpractice Types in Ohio
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Ohio.