Ohio Medical Malpractice Victims to Benefit from New Court Ruling
Posted in Accident & Injury, Health & Wellness, Medical Malpractice on February 24, 2025
For years, Ohio imposed limits on the compensation individuals could receive in medical malpractice cases, particularly for pain and suffering. These limits were intended to prevent excessively large payouts. However, a significant court ruling has now altered this for victims with severe injuries.
What Are Damages Caps?
Damage caps restrict the amount of money a person can receive for pain and suffering in a lawsuit.
Ohio Standard Damages Caps
- Up to $250,000 or three times a person’s economic losses (such as medical expenses)
- Maximum of $350,000 per individual or $500,000 per case
Ohio Severe Injury Damages Caps
- $500,000 per individual or $1,000,000 per case
The Court’s Decision
The Eighth District Court of Appeals ruled in Paganini v. Cataract Eye Center of Cleveland that “damages caps” are unconstitutional in cases of catastrophic injuries. This decision could significantly impact the management of such cases in Ohio.
The case involved Mr. Paganini, who had eye surgery and subsequently developed an infection. He claimed that the doctor failed to diagnose the infection promptly, which ultimately resulted in him losing his eye. A jury awarded him $1,487,500 for pain and suffering.
Typically, Ohio law would restrict that amount to $500,000. However, the court determined that this limit was both unfair and unconstitutional. They argued that these caps disproportionately affect the most severely injured patients without effectively lowering healthcare costs, which was the initial aim.
What Is Next?
- Currently, this ruling only affects a portion of Ohio, but it may lead to changes statewide.
- Individuals severely injured due to medical errors could receive larger payouts.
- Insurance companies and doctors are concerned that this might increase medical care costs for everyone.
This case is expected to reach the Ohio Supreme Court for a final decision. For now, individuals with serious injuries in this region of Ohio can obtain full compensation for their pain and suffering. At the same time, doctors and hospitals may be subject to larger lawsuit payouts. This case can potentially influence the future of medical malpractice law in Ohio.
Call Elk + Elk
Medical malpractice affects thousands of people every year in the U.S. While eye care centers have established protocols to improve patient safety, medical errors continue to happen. Our medical malpractice attorneys are dedicated to providing victims with superior legal care. Call 1-800-ELK-OHIO or visit us online.