Understanding Non-Economic Damages in Medical Malpractice
In Ohio medical malpractice litigation, damages are divided into economic and non-economic categories. Economic damages, such as medical expenses, lost wages, and loss of earning capacity, are not subject to any statutory cap.
Non-economic damages, which compensate a victim of medical malpractice for intangible harms like pain and suffering, emotional distress, loss of consortium, and diminished quality of life, are limited by statute. For most medical malpractice cases, the cap is set at $250,000 or three times the economic damages, whichever is greater, with a maximum of $350,000 per plaintiff.
Caps on Non-Economic Damages Unfairly Limit a Victim’s Recovery
Hospitals, insurance companies, and defense attorneys justify Ohio’s non-economic damages cap as a means of controlling healthcare costs and stabilizing malpractice insurance premiums. However, in practice it can operate to the severe detriment of injured patients and their families, particularly in the most devastating cases.
Non-economic damages exist for an important reason. They are the only legal mechanism available to compensate a patient for human losses that cannot be measured with receipts: chronic pain, permanent disability, emotional trauma, loss of dignity, and the inability to enjoy life’s most basic activities.
Additionally, caps undermine the role of the jury, a cornerstone of Ohio’s civil justice system. Jurors are tasked with hearing the evidence, evaluating credibility, and determining appropriate compensation based on the facts of each case.
Paganini v. Cataract Eye Center of Cleveland, et al.
Although the statutory caps have been in place since 2003, recent Ohio appellate court decisions have cast uncertainty on their enforceability.
One such case is brought by Marine Corps veteran, John Paganini, of Mentor, Ohio. Mr. Paganini lost an eye after developing an infection stemming from a routine cataract surgery in December 2021. The jury awarded Mr. Paganini $1,487,500 in non-economic damages. The trial court ruled that Ohio’s cap on non-economic damages, as it applied to the gravity and severity of Mr. Paganini’s loss, was unconstitutional. The Eighth District Court of Appeals agreed with the trial court, upholding the $1,487,500 non-economic damage award.
The case is scheduled for oral argument in the Supreme Court of Ohio for February 10, 2026.
If you or a loved one has been injured by medical negligence, contact the trusted attorneys at Mezher Law for a free consultation about your case.