Ohio Medical Malpractice Laws

No medical malpractice claim may be filed more than 4 years after the date of the act or omission, regardless of when the injury was discovered.

If a foreign object was left in the body, the 1-year discovery period runs from when the object was or should have been discovered, without the 4-year outer limit.

The statute of limitations is tolled for minors under the general disability tolling provision.

Non-economic damages are capped at the greater of $250,000 or 3 times the economic loss, up to $350,000 per plaintiff or $500,000 per occurrence.

Higher caps apply for catastrophic injuries: permanent and substantial physical deformity, loss of a limb or bodily organ system, or permanent injury preventing the person from independently caring for themselves.

There is no cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

At the time of filing a medical malpractice complaint, the plaintiff must file an affidavit of merit from a qualified expert setting forth the standard of care, the breach, and the causal connection. A motion to extend the filing period is available.

Ohio's medical malpractice damage cap statute provides specific limits on non-economic damages with higher thresholds for catastrophic injuries. The jury is not instructed on the cap, and neither counsel nor witnesses may inform the jury of its existence.