Nursing Home Negligence or Abuse
Statute of Limitations Ohio Rev. Code Ann. §2305.10
- Two years.
Damages Cap Ohio Rev. Code Ann. §2323.43 and 2315.21 (D)
- Non-economic damages are capped at $250,000 or three times economic damages, whichever is greater.
- The maximum that can be awarded is $350,000 per plaintiff and $500,000 per occurrence.
- If the injured suffered “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system”, or other permanent physical injury that inhibits self-care, the cap increases to $500,000 per plaintiff and $1,000,000 per occurrence.
- Punitive damages are limited to two times compensatory damages. In the case where the defendant is an individual or small employer, punitive damages are also limited to 10% of net worth, up to a maximum of $350,000.
Medical Malpractice
Statute of Limitations Ohio Rev. Code Ann. §2305.113
- One year from when the injury was discovered, or reasonably should have been discovered.
- If the injured gives the defendant written notice within the limitation period, case can be filed any time within 180 days of sending notice.
- If foreign object is discovered, the case must be filed one year from the date of discovery.
Damages Cap Ohio Rev. Code Ann. §2323.43 and 2315.21 (D)
- Non-economic damages are capped at $250,000 or three times economic damages, whichever is greater.
- The maximum that can be awarded is $350,000 per plaintiff and $500,000 per occurrence.
- If the injured suffered “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system”, or other permanent physical injury that inhibits self-care, the cap increases to $500,000 per plaintiff and $1,000,000 per occurrence.
- Punitive damages are limited to two times compensatory damages. In the case where the defendant is an individual or small employer, punitive damages are also limited to 10% of net worth, up to a maximum of $350,000.
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Wrongful Death
Statute of Limitations Ohio Rev. Code Ann. §2125.02(D)
- Two years from date of death.
Damages Cap Ohio Rev. Code Ann. §2323.43
- None.
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