Statute of Limitations and Award Limits July 5, 2012.
Ohio medical malpractice law limits both the amount of time in which a claim may be filed and the amount a plaintiff may receive for his or her injuries, disability, or disfigurement. Contact our Cleveland office today for specific information, or request our free guide to filing claims in Ohio. Below, we offer general information.
Statute of Limitations
Medical malpractice victims must notify a defendant no later than one year after the injury originally occurred. If the injury is detected later than when the injury occurred, then the statute of limitations rests at four years after the act of negligence occurred. Once a defendant is notified, the lawsuit may be filed within the next 180 days.
Ohio places caps, or limits, on some of the damages a medical malpractice victim may receive.
- Economic damages – there is no cap for compensation related to medical bills, lost wages, and other quantifiable losses.
- Non-economic damages – these types of damages are impossible to quantify. Therefore, award limits are capped at $250,000 or 3 times the plaintiff’s economic loss. Awards may not exceed $350,000 per plaintiff or $500,000 per occurrence.
- Catastrophic injury – awards may be capped at $500,000 per plaintiff or $1,000,000 per occurrence.
If you have questions about damages or time limits, medical malpractice attorney Chris Mellino welcomes you to contact our Cleveland office for a free consultation. We combine specialized medical knowledge, exceptional trial skills, and superior negotiating talent to obtain full and fair compensation for clients and to hold wrongdoers accountable for their actions. In the last three decades, we have established a network of resources to help analyze cases and make sure our clients are well-compensated for their injuries. We’ve also written the book on medical malpractice. Download or request your free copy.