Health Justice Transformation - Ohio

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

Cap on non-economic 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 multiple plaintiffs. For catastrophic injuries, maximum can increase to $500,000 per plaintiff or $1 million for multiple plaintiffs.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence for non-economic damages. For economic damages defendants who are 50% or less at fault are responsible for their proportional share of negligence but defendants who are held more than 50% at fault are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Defendant may introduce evidence of collateral sources of payment to the plaintiffs. The plaintiff may submit evidence of any amount the plaintiff paid or contributed to secure the benefit.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. The court may award periodic payment of damages for awards in excess of $50,000 upon motion by either party.

Limitation of Plaintiff?s Attorneys Fees

No but fees are subject to approval by the court.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is permitted but not required. Upon filing of a medical claim, all parties may agree to submit the claim to an arbitration panel. The determination is nonbinding and is not admissible as evidence at trial. A written agreement to binding arbitration shall be valid, irrevocable and enforceable.

Standards for Expert Testimony/Witness

Expert testimony must be presented to establish standard of care, breach and proximate cause. Experts must be licensed in any state to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery and must devote three-fourths of his/her professional time to the active clinical practice of his/her specialty. Experts must practice in the same or similar specialty as the defendant and if the defendant is board certified in a specialty, the expert must also be board certified.