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Statute of Limitations

Plaintiffs must provide notice to the defendants within one year of the act or omission causing the injury. The lawsuit may be filed 180 days after notice is given, and service of the notice tolls the statute of limitations by 180 days

Comparative or contributory negligence

modified comparative negligence, claimant's contributory negligence will bar recovery if the claimant's negligence is greater than the combined negligence of defendants.

Nature of accused's liability

Under Ohio law, unless more than 50% responsible for the plaintiff's injury, defendants are liable for non-economic damages only in proportion to their fault.

Law of contribution

a right of contribution exists in favor of a defendant who has paid more than his proportionate share

Expert testimony standards

The expert must be a licensed physician or medical professional who works no less than 75% of his or her time to clinical practice or teaching

Limits on compensation

Non-economic damages are capped at $250,000 or three times the claimant's economic loss, not to exceed $350,000 per plaintiff or $500,000 per occurrence.

Limits on attorney fees

none

Collateral Source rule enforced

Awards are offset by payments of collateral source benefits paid or likely to be paid within 60 months of the judgment, unless the source of reimbursement has the right of subrogation.

State and local health care providers immune from liabaility

The state of Ohio has waived sovereign immunity.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability