Ohio Nursing Home Laws

Ohio Nursing Home Injury Law | Personal Injury Firm

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.

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.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.