Recent Ohio News

October 2023 Newsletter

Liability reform elevated to presidential debate state Earlier this month, one presidential candidate offered up a tried and true way to improve access to patient care while lowering costs for Americans — through medical liability reform. A Wall Street Journal...

Peer-Review Privilege Should Protect Resident Physicians Too

In a court case that is deeply concerning to physicians and hospitals, an Ohio appellate court ruled that the state’s peer-review privilege law didn’t protect a resident physician’s file from discovery in a civil lawsuit. It appears to be the first time an Ohio court...

June 2023 Newsletter

HCLA Pushes for Good Samaritan legislation in pandemic preparedness reauthorization As legislative hearings and markups were underway in Washington, D.C., earlier this month, the HCLA announced its support for including the language contained in the Good Samaritan...

Current Medical Liability Laws

Damage Caps	Cap on noneconomic damages of the greater of $250,000; or three times economic damages up to a maximum of $350,000 per plaintiff or $500,000 if there are multiple plaintiffs. For catastrophic injuries the maximum may increase to $500,000 per plaintiff or $1 million for multiple plaintiffs.
Joint Liability Reform	Yes. Defendants are responsible for their proportionate share of negligence for noneconomic damages. For economic damages, defendants who are 50% or less at fault are responsible for their proportionate share of negligence, but defendants who are held more than 50% at fault are jointly and severally liable.
Collateral Source Reform	Yes. Defendants may introduce evidence of collateral sources of payments made to plaintiffs. The plaintiff may submit evidence of any amount the plaintiff has paid or contributed to secure the benefits.
Attorney Fees Limited	No. But their fees are subject to approval by the probate court if their fees exceed the noneconomic damages awarded.
Periodic Payments Permitted	Yes. Court may award periodic payment of damages for awards that exceed $50,000 if the plaintiff or defendant files a motion with the court.