Medical Professional Liability State Profile:
Ohio
CME Requirements
Ohio requires 50 hours of CME credits per licensure cycle. For first time renewal, a licensee's required hours will be prorated based on the number of months for which the individual has been licensed.
Physicians renewing their license must complete 50 hours of CME designated by the AMA as AMA PRA Category 1 Credit™, by the AOA as category 1-A or 2-A, or by the APMA as category 1. Physicians residing or practicing outside of Ohio, and physicians who are not currently practicing, must complete CME requirements if they wish to maintain their license. Reinstatement CME requires the above criteria within 24 months prior to submission and must be completed before reinstating a license.
Licensure Cycle
As of Oct. 17, 2019, renewal for new license holders will occur on the 2-year anniversary of initial issuance and every 2 years thereafter. For licenses issued prior to Oct. 17, 2019, the renewal deadline will continue to be on the same date as it is currently.
Topics
As of May 2021, physicians are required to complete one hour of CME on the topic of a licensee’s duty to report misconduct to the State Medical Board of Ohio. The remaining CME hours do not have specific topical requirements.
The Ohio CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians are advised to confirm Ohio’s current requirements with the State Medical Board of Ohio.
- Prejudgment and Post-Judgment Interest
- One Party or All Party Consent
- Department of Insurance Reporting
- Tort Laws
Prejudgment and Post-Judgment Interest
Prejudgment interest is allowed on judgments rendered against the state for the same time period and rate as allowed between private parties. The court may exercise its discretion to deny interest for periods of undue delay after commencement of the action.
- Ohio Rev. Code Ann. § 2743.18(A).
However, no interest is allowed on settlements.
- Ohio Rev. Code Ann. § 2743.15.
Tort actions rate: If prejudgment interest is allowed because the parties failed to make a good faith effort to settle the case, the rate is the federal short-term rate plus 3%
- Ohio Rev. Code Ann. § 5703.47, Ohio Rev.
Code Ann. §§ 1343.03(A); 1343.03(C)
Postjudgment Contract and Tort Actions Rate: Unless a contract requires otherwise, the federal short-term rate plus 3%
- Ohio Rev. Code Ann. § 1343.02), Ohio Rev. Code Ann.
§5703.47, Ohio Rev. Code Ann. § 1343.03(B)
Accrual date: Date of judgment
One Party or All Party Consent
Ohio is a one-party consent state.
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Ohio, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Ohio Rev. Code Ann. § 2933.52 (West 2012).
Department of Insurance Reporting
Ohio tort reform requires all entities providing medical professional liability insurance (i.e., authorized insurers, surplus lines insurers, risk retention groups, and self-insurers) to report closed claims to the Ohio Department of Insurance. Closed claims data must be reported by May 1. Get the latest reports at bit.ly/3nInLxP
The DOI also produces market share reports, though the most recent is from 2020.
Tort Laws
Limits on damages for pain and suffering: Greater of $250,000 or 3 times economic damages up to max of $350,000/plaintiff, $500,000/occurrence ($500,000/plaintiff and $1 million/occurrence in catastrophic cases)
- §2323.43 (2003)
Limits on contingent attorney fees: Capped at amount of non-economic damages unless otherwise approved by the court
- §2323.43(F) (2003)
Reform of collateral source rule: Evidentiary unless right of subrogation exists
- §2323.41 (2003)
Periodic payment of future damages: Discretionary over $50k
- §2323.55 (2003)
Statute of limitations: 1 year from discovery; 4 year statute of repose
- §2305.113 (Effective 4/7/2005)