Medical Malpractice Rules in Ohio

One year after the cause of action accrues. If, before the year runs out, the patient sends the provider written notice (by certified mail) that a claim is being considered, the lawsuit may be filed within 180 days after the notice. There is an outer limit of four years after the act or omission. If the injury could not reasonably have been discovered within three years but is discovered before the four years end, the patient has one year after discovery; a claim over a foreign object left in the body may be filed within one year after it was or should have been discovered. Minors and persons of unsound mind are treated differently.

Economic damages are not capped. Noneconomic damages are limited to the greater of $250,000 or three times economic loss, up to $350,000 per plaintiff or $500,000 per occurrence. For permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or a permanent injury that prevents independent self-care, the cap rises to $500,000 per plaintiff or $1,000,000 per occurrence. The cap does not apply to wrongful death actions.