Appellate Courts Find Ohio’s Medical Malpractice Noneconomic Damage Cap Statute Unconstitutional

Two Ohio appellate courts have now ruled the state's cap on noneconomic damages in medical malpractice cases unconstitutional, citing violations of due process and equal protection. Noneconomic damage caps are a key tort reform measure that has leveled the playing field in Ohio by reining in purely subjective, unpredictable, and unlimited noneconomic damages.

The cap, in place since 2003 to stabilize insurance costs and healthcare access, now faces a potential overturn by the Ohio Supreme Court. If struck down, this could lead to increased litigation risks and higher liability insurance premiums for healthcare providers statewide.

Read more on these rulings from Bricker Graydon. 8/26/2025