Ohio Medical Malpractice Laws

If you're thinking about making a medical malpractice claim against a health care provider in Ohio:

• There's a one-year deadline for filing most medical malpractice lawsuits in Ohio's court system, according to the state's statute of limitations.
• Your Ohio medical malpractice lawsuit will need to be filed alongside an "affidavit of merit" from a qualified medical expert who can testify that your case seems to be legitimate.
• Ohio law currently places a limit or "cap" on certain kinds of compensation ("damages") in medical malpractice lawsuits, although an Ohio appeals court recently called that cap "unconstitutional."

Let's take a closer look at Ohio's medical malpractice laws.

What Is Ohio's Medical Malpractice Statute of Limitations?

A statute of limitations is a state law that sets a limit on the amount of time you have to file a lawsuit after you have suffered some type of loss or injury. Like most states, Ohio has a dedicated statute of limitations for medical malpractice lawsuits. The law, at Ohio Revised Code section 2305.113, says that prospective plaintiffs must get their lawsuits filed in the state's civil court system within one year after the the underlying medical error occurred.

Ohio courts have held that this one-year period starts when you discover the injury (or reasonably should have discovered it) or when your doctor-patient (or provider-patient) relationship has ended, whichever occurs later. No matter when either happens, however, section 2305.113 sets an outside four-year deadline for filing medical malpractice lawsuits.

There are exceptions to the strict one-year/four-year deadline in section 2305.113.

Ohio's "Discovery" Rule for Medical Malpractice Cases

First, if you could not have discovered the injury ("in the exercise of reasonable care and diligence") within three years after it happened, but you ultimately learn about it before the end of the four-year period, you may file the lawsuit within one year after your discovery.

The Statute of Limitations for "Foreign Object" Medical Malpractice in Ohio

Second, even if the four-year period has gone by, you may file a medical malpractice lawsuit within a year after you discover (or reasonably should have discovered) that a foreign object was left in your body during a medical procedure.

Sending Formal Notice of Intent to Sue for Medical Malpractice in Ohio

Third, the one-year deadline may be extended by nearly six months if you send a formal notice (by certified mail) letting the prospective defendants know that you intend to sue them for medical malpractice. The defendant must receive the notice before the expiration of the one-year deadline, but then you have 180 days to file the lawsuit. So you could technically give the defendant notice on day 364 of the 365-day deadline, and buy yourself around six more months to actually get the complaint filed in court.

What Happens If I Miss the Statute of Limitations Deadline?

If the medical malpractice statute of limitations deadline has passed and you try to file your lawsuit anyway, it's a safe bet that the doctor or health care facility you're trying to sue will ask the court to dismiss the case, and the court will grant the request. If that happens, that will be the end of your lawsuit.

Ohio's "Affidavit of Merit" Requirement

Ohio Rule of Civil Procedure 10(D)(2) says that any medical malpractice lawsuit filed in the state's courts must be accompanied by an "affidavit of merit" from an expert witness (usually a doctor or other licensed health care professional) who declares under oath that the expert:

• has reviewed all medical records available to the plaintiff
• is familiar with the medical standard of care that applies to the plaintiff's treatment
• believes that the standard of care was not met, and
• believes that the plaintiff was injured as a result.

A medical malpractice complaint that is unaccompanied by an affidavit of merit is subject to dismissal. However, the court is less likely to dismiss a lawsuit filed with an affidavit that does not meet all of the requirements of Rule 10(d)(2). Also, plaintiffs who need more time to get the affidavit together may request an extension to file it.

Does Ohio Have a Cap on Medical Malpractice Damages?

Like lawmakers in a lot of states, the Ohio legislature has passed a statute that places a limit or "cap" on the amount of compensation that can be awarded to a plaintiff who has been successful in a medical malpractice lawsuit. In other words, even after a jury holds a defendant liable for malpractice, this law kicks in to cap the actual amount that the plaintiff will end up getting.

First, it's important to understand the two main types of damages in medical malpractice cases: economic and noneconomic.

What Are Economic Damages in a Medical Malpractice Case?

Economic damages include payment of past and future medical care, reimbursement of lost income, compensation for lost earning capacity, and other financial losses stemming from the malpractice.

What Are Non-Economic Medical Malpractice Damages?

Noneconomic damages include compensation for things like pain and suffering, emotional distress, and the loss of enjoyment of life that result from the defendant's medical malpractice. Noneconomic damages are often described as more "subjective" because they tend to vary from plaintiff to plaintiff, and they're not so easy to capture with a dollar amount.

Ohio's medical malpractice damages cap applies only to noneconomic damages. Under Ohio Revised Code section 2323.43, noneconomic damages in a medical malpractice case may not exceed the greater of:

• $250,000 or
• three times the plaintiff's economic damages, but
• with an overall maximum of $350,000 per plaintiff (or a total of $500,000 in any case where there is more than one plaintiff).

The cap will be bumped up to $500,000 per plaintiff or $1 million per case if the malpractice caused certain permanent and/or catastrophic injuries.

Ohio Court Rules Medical Malpractice Damages Cap Unconstitutional

In August 2025, an Ohio appeals court ruled that the state's cap on "pain and suffering" damages in medical malpractice cases was unconstitutional as applied to a case involving a severe brain disorder, since using the cap in that particular lawsuit was "clearly and convincingly unreasonable and arbitrary." The Ohio Supreme Court is set to consider the issue, so stay tuned for details on the eventual fate of the cap.

Do I Need a Lawyer for an Ohio Medical Malpractice Case?

In a word, yes. Compared with other injury-related legal claims, a medical malpractice lawsuit is usually a fairly complex undertaking. That's true in every state, and Ohio is no exception. Legal issues and medical evidence get very complicated very quickly in these cases, and the plaintiff (the injured patient, or their legal representative) needs to understand the special procedural rules and compensation limits that come into play.

If you're looking for more specifics on Ohio's medical malpractice laws and how they apply to your potential case, it may be time to discuss your situation with an experienced medical malpractice attorney in your area. Learn more about getting help from a medical malpractice lawyer.