Health & Medical in Ohio
Key Ohio Law
Ohio Revised Code Section 2305.113
Ohio requires medical malpractice claims to be filed within one year of discovery of the malpractice under ORC § 2305.113, with a four-year absolute repose period. A 180-day pre-suit notice requirement tolls this period.
View official statuteProcedural Details in Ohio
Ohio Agencies & Resources
State Medical Board of Ohio
Licenses and disciplines physicians in Ohio; investigates complaints about professional conduct and standard of care.
Ohio Department of Health
Oversees hospital licensing and patient safety regulations in Ohio.
Ohio Department of Insurance
Regulates health insurance and handles consumer complaints in Ohio.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Ohio?
ORC § 2305.113 provides one year from discovery of the malpractice, with a four-year absolute repose period. Before filing, Ohio requires 180-day pre-suit notice to each defendant under § 2305.113(B), which tolls the SOL during that window.
What are Ohio's non-economic damage caps in malpractice cases?
Ohio caps non-economic damages at $250,000 or three times economic damages (up to $350,000 per plaintiff) for most cases. However, caps do not apply to cases involving permanent and substantial physical deformity, loss of use of a limb, or permanent physical functional injury. Economic damages are uncapped.
What is Ohio's 180-day pre-suit notice requirement?
Under ORC § 2305.113(B), plaintiffs must serve written notice of intent to file a malpractice claim on each prospective defendant provider at least 180 days before filing suit. This notice tolls the one-year statute of limitations for 180 days. Failure to provide proper notice can affect the case.
How do I file a complaint against a physician in Ohio?
Complaints against Ohio physicians may be submitted to the State Medical Board of Ohio online at med.ohio.gov. The Board investigates and may impose conditions, suspend, or revoke a medical license. Board proceedings are separate from civil litigation and do not toll the SOL.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Ohio?
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