Ohio Medical Malpractice Insurance for all physicians.

Ohio Medical Malpractice Insurance Market Summary

Ohio passed tort reform with a $350,000 non-economic damages cap in 2003. Tort reform in Ohio has reduced the number and size of malpractice cases. In 2005, 5,051 claims were filed against doctors and hospitals. By 2008, the number dropped by 39 percent, a decline that the Ohio State Medical Association attributes to lawsuit reforms. Malpractice insurance premiums vary by specialty, policy limits, and practice location. Typical policy limits Ohio physicians carry are $1 million per incident and $3 million annual aggregate.

Ohio Medical Malpractice Insurance Carriers

Medical malpractice insurance in Ohio is available from admitted insurers, surplus lines insurers, and risk retention groups. The number of companies offering medical malpractice insurance in Ohio has remained relatively stable over time. However, the market is highly concentrated with 3 companies providing about 58% of all medical malpractice insurance premiums in 2010.

Statute of Limitations (Quoted from McCullough, Campbell, & Lane, LLP)

A medical malpractice action must be commenced within one year after the cause of action accrues. Ohio Rev. Code Ann. § 2305.113(A) (Westlaw 2010). A cause of action for medical malpractice accrues when the claimant discovers or, in the exercise of reasonable care and diligence, should have discovered the resulting injury, or when the physician-patient relationship for that condition terminates, whichever occurs later. Frysinger v. Leech, 32 Ohio St. 3d 38, 512 N.E.2d 337 (1987). If a malpractice claimant gives written notice to the prospective defendant within the one-year limitation period, the claimant may bring an action at any time within 180 days of that notice. Ohio Rev. Code Ann. § 2305.113(B) (Westlaw 2010). A four-year statute of repose applies to claims arising out of acts or omissions on or after April 11, 2003. A claim must be brought within four years of the act or omission, except that a claimant has one full year from discovery, even if this exceeds four years, for claims discovered after three years or claims based on a foreign object left in the body. Ohio Rev. Code Ann. § 2305.113(C) and (D) (Westlaw 2010). Although there has been no published case to date addressing the constitutionality of this section, the Ohio Supreme Court has twice found medical malpractice statutes of repose to be unconstitutional. Hardy v. VerMeulen, 32 Ohio St. 3d 45, 512 N.E.2d 626, cert. denied, 484 U.S. 1066 (1987) (holding a four-year statute to be unconstitutional if "applied to bar the claims of medical malpractice plaintiffs who did not know or could not reasonably have known of their injuries"); State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St. 3d 451, 715 N.E.2d 1062 (1999) (holding a later statute unconstitutional in its entirety). If, at the time the cause of action accrues, the claimant is a minor or of unsound mind, both the one-year and four-year statutes are tolled until the disability is removed. Ohio Rev. Code Ann. § 2305.16 (Westlaw 2010). Malpractice that results in death gives rise to two distinct claims: a malpractice claim for personal loss and suffering prior to death, enforceable by the decedent's personal representative, and a wrongful death claim for pecuniary loss to the decedent's spouse and next of kin. Koler v. St. Joseph Hospital, 69 Ohio St. 2d 477, 432 N.E.2d 821 (1982). A wrongful death action may be brought even if the malpractice claim is time-barred Id.; Brosse v. Cumming, 20 Ohio App. 3d 260, 485 N.E.2d 803 (1984) (malpractice claim already barred at time of death). By statute, an action for wrongful death must be brought within two years after the decedent's death, Ohio Rev. Code Ann. § 2125.02(D) (Westlaw 2010), but the Ohio Supreme Court has adopted a discovery rule that can extend this time. Collins v. Sotka, 81 Ohio St. 3d 506, 692 N.E.2d 581 (1998).

Comparative Negligence (Quoted from McCullough, Campbell, & Lane, LLP)

Ohio recognizes a form of comparative negligence. A claimant's contributory fault only bars recovery if it exceeds the combined fault of all other persons, whether or not they have been sued. Otherwise, recovery is simply diminished in proportion to the claimant's fault. Ohio Rev. Code Ann. § 2315.33 (Westlaw 2010). The law is similar in cases arising prior to April 9, 2003, except that only the negligence of other parties is considered. Ohio Rev. Code Ann. § 2315.19 (Westlaw 2003) (repealed).

Damage Limits

Currently, Ohio's non-economic damages cap is set at $250,000 per plaintiff or three times the amount of economic damages, whichever is higher, up to a maximum of $350,000 per plaintiff and $500,000 per occurrence.

The cap is set higher for malpractice victims who have suffered catastrophic injury: $500,000 per individual and $1 million per occurrence. Under Ohio law, catastrophic injuries include the following:

Ohio Medical Malpractice Insurance information

Most physicians work long and irregular hours. It has been reported that 43% of all physicians work in excess of 50 hours per week. With all of this time devoted to patient care and practice development, physicians benefit greatly from relying on the expertise of an Insurance Agent specialized in the area of Medical Malpractice Insurance.

It is difficult for physicians to remain knowledgeable about the ever-changing landscape of Malpractice Insurance coverage, law, and carrier options. Diederich Healthcare specializes in Medical Malpractice Insurance and we understand the need for a trusted “partner” who can assist physicians in selecting the right Medical Malpractice Insurance protection for their practice.

Diederich Healthcare’s network of over 200 contracted insurance affiliates assures our physician clients greater portability, market accessibility, and effective consultation. We provide consultation on coverage options from the major carriers offering Professional Liability Insurance to physicians throughout the United States. We will provide malpractice insurance quotes from several carriers and make recommendations on coverage that best fits the physician’s particular needs at the most cost effective premium.

Diederich Healthcare reviews each account and policy prior to each policy renewal, and more frequently based on market/situational changes, to determine options for renewal coverage. These options are then presented to the physician with our recommendation prior to renewal in order to avert last-minute decision making.

All Specialties save on Medical Malpractice Insurance with Diederich Healthcare

Med-Mal Coverage also available for:

Diederich Healthcare is able to offer medical malpractice insurance to the following counties in Ohio:

Adams, Allen, Ashland, Ashtabula, Athens, Auglaize, Belmont, Boone, Brown, Brown, Butler, Carroll, Champaign, Clark, Clermont, Clinton, Columbiana, Coshocton, Crawford, Cuyahoga, Darke, Defiance, Delaware, Erie, Fairfield, Fayette, Franklin, Fulton, Gallia, Geauga, Greene, Guernsey, Hamilton, Hancock, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, Jefferson, Knox, Lake, Lawrence, Licking, Logan, Lorain, Lucas, Madison, Mahoning, Marion, Medina, Meigs, Mercer, Miami, Monroe, Montgomery, Morgan, Morrow, Muskingum, Noble, Ottawa, Paulding, Perry, Pickaway, Pike, Portage, Preble, Putnam, Richland, Ross, Sandusky, Scioto, Seneca, Shelby, Stark, Summit, Trumbull, Tuscarawas, Union, Van Wert, Vinton, Warren, Washington, Wayne, Williams, Wood, Wyandot

For information specific to your specialty, please follow one of the links below:

Anesthesiology, Family Practice, Obstetrics & Gynecology (Ob/Gyn), Plastic Surgery, Pediatrics, General Surgery, Psychiatry, Stand-Alone Tail