Ohio (OH) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Ohio.
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)
Statute of Limitations
1 year from the date the cause of action accrued
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.
Average Settlement
$200,000 - $475,000
Average Verdict
$350,000 - $1,300,000
Key Facts About Ohio Medical Malpractice Law
- 1Ohio has one of the shortest statutes of limitations at 1 year from accrual of the cause of action.
- 2An affidavit of merit from a qualified medical expert must be filed with the complaint.
- 3The non-economic damages cap does not apply to catastrophic injuries such as permanent vegetative state, quadriplegia, or paraplegia.
- 4Ohio follows a modified comparative negligence system with a 51% bar.
- 5Punitive damages are capped at two times the compensatory damages awarded.
Need Help with a Ohio Medical Malpractice Case?
If you believe you have a medical malpractice claim in Ohio, it is important to act quickly. The statute of limitations in Ohio is 1 year from the date the cause of action accrued. Most medical malpractice attorneys offer free initial consultations.