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How Much Can You Sue for Medical Malpractice in Ohio?

Personal Injury

May 12, 2025 | 5 min read

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result. When this happens to you or someone you love, you may be entitled to seek compensation through a medical malpractice lawsuit. However, medical malpractice damages in Ohio are subject to unique rules, limits, and requirements. Having an experienced medical malpractice attorney on your side will help ease the process and improve your chances of a successful claim.

What Qualifies as Medical Malpractice?

Medical malpractice may involve:

Medical mistakes, oversights, and negligence can have a profound impact on victims. Often resulting in extensive medical expenses, the temporary or permanent inability to work, and untold amounts of pain and suffering. These things must be taken into account when seeking medical malpractice damages in Ohio. At Burg Simpson, our lawyers take time to carefully analyze damages and build cases to pursue every penny our clients are due.

Burg Simpson has close to five decades of experience helping people harmed through medical negligence seek fair and full compensation. Call us at 513-852-5600 to schedule your FREE case review and learn more.

Types of Medical Malpractice Damages in Ohio

In Ohio, victims of medical malpractice may be eligible to recover compensatory damages, which fall into two broad categories: economic and non-economic.

Economic damages are intended to reimburse the plaintiff for measurable financial losses. These may include:

Past and future medical expenses
Lost wages and loss of earning capacity
Costs of rehabilitation and in-home care
Modifications to accommodate disability

Non-economic damages compensate for losses that are more difficult to quantify, such as:

Pain and suffering
Emotional distress
Loss of enjoyment in life
Disfigurement

Punitive damages, which do not fall under the compensatory umbrella, are occasionally awarded in Ohio medical malpractice claims. However, as outlined in Ohio Revised Code § 2315.21, these damages are only awarded in the extremely rare instances where a defendant’s actions were egregious, malicious, or otherwise shockingly inappropriate.

Calculating Medical Malpractice Damages in Ohio

Calculating medical malpractice damages in Ohio begins with establishing liability. This means proving that the healthcare provider violated their duty to care for the patient and caused physical harm as a result.

Establishing liability is essential when seeking damages for medical malpractice. Without a negligent party, there is no one to hold accountable for your injuries. Importantly, liability may be shared by multiple parties, which can further complicate the legal process.

Once liability is proven, the focus shifts to determining the extent of damages. This process may involve:

Testimony from medical experts
Review of billing records and income statements
Pain diaries or psychological evaluations
Analysis of long-term prognosis and future care needs

Calculating medical malpractice damages may require working with economic experts, financial planners, and other specialists who can provide insight into future costs. Providing comprehensive and well-supported evidence of damages lays the foundation for a strong case. This can help improve your chances of securing maximum compensation.

Is There a Cap on Medical Malpractice Damages in Ohio?

Yes, there is a cap on non-economic damages in medical malpractice cases in Ohio (see Ohio Revised Code § 2323.43). In our state, non-economic damages are generally limited to $250,000 or three times the amount of compensatory damages, whichever is greater. However, there is a maximum cap of $350,000 per plaintiff and $500,000 per occurrence.

There are a few exceptions to the Ohio medical malpractice damages cap. For example, if the malpractice resulted in:

Permanent or substantial physical deformity
Loss of use of a limb
Loss of a bodily organ system
Injury that prevents self-sufficiency

In these cases, the court can award the full amount entered into judgment, even if it exceeds statutory caps.

While Ohio’s medical malpractice damage cap can limit the amount of non-economic compensation you can recover, it does not limit the recovery of economic damages. You can recover full compensation for medical bills, lost wages, and other tangible losses without restriction, even if your pain and suffering damages are capped.

Will Ohio’s Medical Malpractice Damage Cap Impact My Claim?

The cap placed on non-economic damages in Ohio medical malpractice claims may impact your final settlement or verdict. Most medical malpractice cases are settled during negotiations, where caps are honored. If your case progresses to court, it is possible that a judge or jury will award a higher amount of non-economic damages, potentially even exceeding the cap, but this is uncommon.

During your FREE consultation at our Cincinnati office, we can listen to your experiences and provide more insight into how your case might progress and the types of damages you may be entitled to receive.

Maximizing Medical Malpractice Damages in Ohio

Hospitals and insurance companies have teams of lawyers ready to defend against medical malpractice claims. You deserve a law firm with the strength, experience, and commitment to fight back—and win.

At Burg Simpson, our experienced Ohio trial attorneys understand what it takes to win complex medical malpractice cases. No matter if you were hurt in a hospital in Cincinnati, an urgent care clinic in Cleveland, or a private medical practice in Columbus, we are here to carefully evaluate your damages and help you determine what your case is truly worth.

Our team includes seasoned attorneys, paralegals, and support staff who collaborate with medical experts to build the strongest case possible. We analyze records, secure expert testimony, and work tirelessly to establish a connection between medical negligence and your injury. We consider the long-term impact on your health, your family, your ability to earn a living, and your quality of life when calculating damages. Our goal is to obtain fair and full compensation for all that you have lost.

We work to maximize medical malpractice damages in Ohio through:

Comprehensive Investigations. We examine every detail, from medical records to provider histories, to uncover the truth.
Full Damage Assessment. We calculate not just what you have lost today, but what your injury will cost you in the future as well.
Aggressive Representation. Whether negotiating with insurers or presenting your case in court, we do not back down when your future is on the line.
Personalized Legal Support. We provide honest advice, regular updates, and a legal team that genuinely cares about your recovery.

The award-winning attorneys at Burg Simpson have secured more than $2 billion in settlements and verdicts throughout our more than 40 years in service. Trusted and effective, we are proud to represent individuals and families throughout the state who have been harmed by negligence in the healthcare system.

Questions About Medical Malpractice Damages in Ohio? Contact Us for FREE

If you or a loved one has been harmed by medical negligence in Cincinnati, Akron, Toledo, or anywhere in Ohio, Burg Simpson is here to help. Contact us online or call us today to schedule your FREE case evaluation and learn more. We are here to listen to your story, evaluate your case, and help you determine the most effective way to seek the compensation you are due.