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08/21/2025

Defending Tort Reform: OSMA Leads Legal Advocacy Efforts for Physicians

 

Paganini v. Cataract Eye Center of Cleveland

 

The Ohio State Medical Association, together with several health care and civil justice partners, has filed an amicus brief at the Ohio Supreme Court in support of the state’s non-economic damages cap for medical malpractice cases. OSMA’s position emphasizes that these caps remain an important safeguard for Ohio physicians.

By preventing unpredictable noneconomic verdicts, the law has helped keep malpractice insurance predictable and available—supporting physician retention and recruitment across Ohio for more than two decades.
 
The case at issue, Paganini v. Cataract Eye Center of Cleveland, arose when a patient developed endophthalmitis following cataract surgery, which ultimately resulted in the loss of his eye. A jury awarded nearly $1.5 million, including compensation for pain and suffering. Under R.C. 2323.43, the trial court reduced the noneconomic portion of the award to $500,000, consistent with the statutory cap. The patient appealed, and the Court of Appeals ruled the statute unconstitutional as applied. The Ohio Supreme Court has now accepted the case for review, and OSMA has continued its legal advocacy by filing a full amicus brief on the merits.
 
While the outcome of this case will not immediately change how claims are handled, its resolution is important for maintaining the liability framework that has provided stability in the two decades since Ohio’s tort reforms were enacted. The Ohio Supreme Court’s decision will clarify whether these long-standing protections for physicians remain in place, and OSMA will continue to keep members informed as the case progresses.
 
 
For more on the medical malpractice insurance market and related reforms that have led to two decades of stability, please do not forget to review OSMA’s July 2025 Advocacy Report.
 

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