Ohio Medical Malpractice Laws

Noneconomic damages are limited to the greater of $250,000 or three times the amount of the economic loss, to a maximum of $350,000 for each claimant or a maximum of $500,000 for each occurrence. If noneconomic damages are for permanent and substantial physical deformity, loss of use of a limb, or loss of a body organ system or permanent physical functional injury that permanently prevents the injured person from being able to independently care for himself and perform life-sustaining activities, then noneconomic damages are limited to $500,000 for each claimant and $1 million for each occurrence. The statute of limitations is one year from the incident and no more than four years after discovery (for foreign object: one year from discovery). There is modified joint and several liability (if one defendant is more than 50% at fault, that defendant is jointly and severally liable for economic damages (joint liability exists for intentional torts even if less than 50% fault)). Court approval is necessary if the amount of the attorney fees exceeds the applicable limit on noneconomic damages. The court may order periodic payments for future damages if they exceed $50,000, upon request of any party. A complaint must be accompanied by an affidavit of merit as to each defendant.

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