Ohio law

Medical Malpractice Laws in Ohio.

Ohio medical malpractice claims must be filed within 1 year of discovery, with a 4-year statute of repose. The state follows the same modified comparative fault rules as general personal injury. Ohio caps non-economic damages at higher levels for catastrophic injuries — up to $500,000 per plaintiff or $1,000,000 per occurrence. An affidavit of merit from a qualified expert must be filed with the complaint.

Last verified: 2026-02-25

State law

Statute of Limitations

1 year from discoveryOhio Rev. Code § 2305.113

Medical malpractice claims must be filed within 1 year from when the plaintiff discovered or should have discovered the injury.

Exceptions

Statute of Repose (4-Year Outer Limit) — 4 yearsOhio Rev. Code § 2305.113

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.

Foreign ObjectsOhio Rev. Code § 2305.113

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.

Minors — Tolled until disability is removedOhio Rev. Code § 2305.16

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

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Ohio Rev. Code § 2315.33

The same modified comparative fault rules apply as in general personal injury. If the patient is more than 50% at fault, they recover nothing.

State law

Damage Caps

Non-Economic Damages (Standard): Greater of $250,000 or 3x economic damages, up to $350,000 per plaintiffOhio Rev. Code § 2323.43

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.

Non-Economic Damages (Catastrophic Injury): Up to $500,000 per plaintiff or $1,000,000 per occurrenceOhio Rev. Code § 2323.43

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.

Economic Damages: No cap

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

State law

Filing Requirements

Affidavit of MeritOhio Rev. Code § 2323.451

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.

State law

Key Ohio Statutes

Medical Malpractice Damage CapsOhio Rev. Code § 2323.43

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.

State law

Official Sources

Ohio Legislature — Revised Code State Medical Board of Ohio

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Ohio.

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Medical Malpractice Laws in Ohio.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Ohio Statutes

Official Sources

Not Legal Advice

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