Link to State Law: Ohio Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Ohio state law, contact an experienced attorney.
Statute of Limitations: In Ohio medical malpractice actions, the plaintiff must provide notice to the defendants within one year of the act or omission giving rise to the injury. The medical malpractice lawsuit may be filed 180 days after notice is given, and service of the notice tolls the statute of limitations by 180 days. If a foreign object is left inside the body, the action must be filed within one year of the date the object is, or should have been, discovered. Regardless of when the object is discovered, a claim may not be filed more than four years after the act resulting in the presence of the foreign object. When a medical malpractice case in Ohio involves a minor, the claim must be filed within four years of the negligence act that caused the minor's injury.
Minimum Qualifications of Expert Witnesses: In order to testify as an expert witness in a medical malpractice case, an individual must be a licensed physician or medical professional who devotes no less than 75% of his or her time to clinical practice or teaching.
Limitations on Monetary Damages: Non-economic damages in Ohio medical malpractice lawsuits are capped at $250,000 or three times the plaintiff's economic loss, not to exceed $350,000 per plaintiff or $500,000 per occurrence.
Limitations on Attorney Fees: Ohio law does not place special limits for attorney fees in medical malpractice cases.