Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

The formula is the same in Ohio. The catastrophic rule and the clock are not.

The catastrophic rule

In an ordinary case the catastrophic exception removes the cap. In a medical claim, R.C. 2323.43 raises it to $500,000 per plaintiff or $1,000,000 per occurrence instead.

A much shorter clock

Ordinary negligence has two years under R.C. 2305.10. Medical malpractice generally has one year, with a four-year outer limit, and a written 180-day notice of intent to sue can extend the one-year period.

Affidavit of merit

A malpractice complaint must include an affidavit of merit from a qualified expert under Civ.R. 10(D)(2).

Same fault rules

Modified comparative fault, a bar above 50%, and the joint liability rule for defendants more than 50% at fault apply to both.

Official sources

• Ohio Rev. Code § 2323.43 — medical claims
• Ohio Rev. Code § 2305.10 — bodily injury deadline
• Ohio Rev. Code § 2315.18 — noneconomic damages limits
• Ohio Rev. Code § 2315.21 — punitive damages

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Ohio's rules apply to your specific case with a licensed Ohio attorney.