Ohio · Medical Malpractice
Ohio medical malpractice damage caps and statute of limitations
Refreshed 2026. $250,000 or 3x economic (max $350,000 per plaintiff) damage cap. 1 year from act or omission. Full breakdown below.
Damage caps
OH Rev. Code § 2323.43Non-economic damages cap
$250,000 or 3x economic (max $350,000 per plaintiff)
Total damages cap
$500,000 per occurrence
Status
active
Notes
Noneconomic: greater of $250,000 or 3x economic damages, capped at $350,000 per plaintiff and $500,000 per occurrence. Catastrophic injury: $500,000 per plaintiff, $1,000,000 per occurrence. No cap on wrongful death (constitutional prohibition). Economic damages uncapped.
Statute of limitations
OH Rev. Code § 2305.113Standard SOL
1 year from act or omission
Discovery rule
Limited; if injury not discoverable within initial period, 1 year from discovery but subject to 4-year repose
Statute of repose
4 years from act or omission
Minor exception
For minors: SOL tolled during minority, but subject to 4-year repose from act. Birth injury claims: 4 years from birth.
Wrongful death SOL
2 years from date of death (per Gomez v. Summa Physicians, 2024). Subject to 4-year repose per Everhart v. Coshocton.
Notes
One of the shortest standard SOL at 1 year. Affidavit of merit required.
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Ohio med-mal FAQ
What is the medical malpractice statute of limitations in Ohio?+
1 year from act or omission. Limited; if injury not discoverable within initial period, 1 year from discovery but subject to 4-year repose Statute of repose: 4 years from act or omission. Wrongful death: 2 years from date of death (per Gomez v. Summa Physicians, 2024). Subject to 4-year repose per Everhart v. Coshocton.. One of the shortest standard SOL at 1 year. Affidavit of merit required. Source: OH Rev. Code § 2305.113.
Does Ohio have a medical malpractice damage cap?+
Non-economic cap: $250,000 or 3x economic (max $350,000 per plaintiff). Total damages cap: $500,000 per occurrence. Noneconomic: greater of $250,000 or 3x economic damages, capped at $350,000 per plaintiff and $500,000 per occurrence. Catastrophic injury: $500,000 per plaintiff, $1,000,000 per occurrence. No cap on wrongful death (constitutional prohibition). Economic damages uncapped. Source: OH Rev. Code § 2323.43.
How does Ohio handle the discovery rule in med-mal cases?+
Limited; if injury not discoverable within initial period, 1 year from discovery but subject to 4-year repose
What is the Ohio minor exception for medical malpractice?+
For minors: SOL tolled during minority, but subject to 4-year repose from act. Birth injury claims: 4 years from birth.
What is the wrongful death statute of limitations for Ohio medical malpractice?+
2 years from date of death (per Gomez v. Summa Physicians, 2024). Subject to 4-year repose per Everhart v. Coshocton.
Other state lookups
This tool is informational. It is not legal advice. Ohio damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Ohio attorney before relying on a deadline. Data refreshed May 2026.