Every state has varying statutes on medical malpractice, and Ohio medical malpractice law comprises of several distinct statutes that will differ from other states. However, all medical malpractice claims involve several integral elements including doctor-patient relationship, breach of standard of care (negligence), negligence as proximate cause of damages, and viable damage claims. The following article outlines medical malpractice statues specific to the state of Ohio.
Ohio Medical Malpractice Laws
Since 2002, with the passage of SB 281, the state of Ohio has undergone several large alterations to how medical malpractice claims are resolved. The following outlines some of the most notable state-specific differences included in the current version of Ohio medical malpractice statues:
- The statute of limitations applicable to medical malpractice actions in the state of Ohio stands at one (1) year following the cause of action, which includes date of discovery by claimant per reasonable care and diligence. Certain claims, including those involving minors, death, or delayed discovery, may incur different statues of limitations on a case-by-case basis.
- The state of Ohio does adhere to a form of comparative negligence, which states that a patient’s fault (proportional level of contribution to his or he own damages) only prevents recovery of damages if in excess of all other parties’ combined fault. Cases involving contributory or comparative negligence less than half of the proportional levels of fault are simply reduced in proportion to the patient’s own fault.
- Vicarious liability statues in the state of Ohio allow a hospital to be held liable for negligence of employees, and in certain cases per the doctrine of agency by estoppels, non-employees may create liability for hospitals in certain instances.
- Expert testimony is required in claims that require establishing standard of care, negligence, and proximate cause. Complaints filed in medical malpractice suits must include affidavit of merit from a medical expert in regards to the specific case.
- Damage caps are applicable to any cases of medical malpractice involving non-economic damage claims occurring after April 11th, 2003. The cap is currently set at three times the amount of economic damages or $250,000, whichever amount is larger. Cap considerations are made for claims including permanent physical deformity, mobility loss, or other grave medical damages, which have non-economic caps set at $500,000 per plaintiff and at $1 million dollars per instance. This does not include wrongful death claims arising out of medical malpractice, which adhere to a different standard. In addition, punitive damage claims are restricted and capped in Ohio.
Getting Legal Help with Medical Malpractice Claims in Ohio
Medical malpractice is a complex body of law, with subtle variations in every case that can greatly influence the ability of a patient to recover damages. In essence, a patient must seek the help and insight of legal counsel before proceeding with any medical malpractice claim.
