Statute of Limitations
ORC § 2305.113: 1-year SOL from discovery; 4-year repose. Foreign objects: 1 year from discovery, no repose. Minors under 18: tolled until age 18, maximum 10 years from act.
1 year from discovery — act quickly; 4-year repose
Where to File in Ohio
Statute of Limitations: Ohio imposes a 1-year statute of limitations on medical malpractice claims (ORC § 2305.113), running from the date of the alleged negligent act or the last date of treatment in an ongoing course of treatment. A 4-year statute of repose bars claims brought more than 4 years after the act, with limited exceptions for foreign objects and fraudulent concealment. Minors under 10 have until age 14 or 1 year from termination of disability, whichever is later.
Non-Economic Damages Cap: Ohio caps non-economic compensatory damages at $250,000 or three times the economic damages, up to a maximum of $350,000 per plaintiff (or $500,000 per occurrence for multiple plaintiffs). In cases involving permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, the cap does not apply. ORC § 2323.43 governs.
Pre-Suit Requirements: Ohio does not require a formal certificate of merit before filing. However, plaintiffs are strongly advised to obtain expert opinions before suit given the 1-year SoL. Within 180 days of filing, the plaintiff must provide each defendant with a written report from a competent expert in the same specialty area who supports the claim; failure can result in dismissal under ORC § 2323.43 screening.
Venue: Ohio medical malpractice suits are filed in the Court of Common Pleas in the county where the cause of action arose, where the defendant resides, or where the defendant maintains a principal place of business. ORC § 1901.02 governs. Large caseloads concentrate in Cuyahoga (Cleveland), Franklin (Columbus), and Hamilton (Cincinnati) counties.
Exposure in Ohio
Source: Ohio Revised Code § 2323.43
Source: ORC § 2305.113