Ohio Supreme Court ruling may limit medical liability damages

A ruling by the Ohio Supreme Court earlier this month that is expected to limit damages in personal injury cases, including medical liability, is being characterized as a victory for physicians (Source: “Liability damages may be limited by Ohio ruling,” American Medical News, May 24, 2010).

The high court on May 4 ruled that defendants may submit evidence showing the amounts actually paid for a plaintiff’s medical bills, even when those costs are less than the amount originally billed. At issue is whether a defendant can request that damages be determined based on the actual amount paid by an insurance provider, which is often much lower than the total amount of the original medical bill. The difference between the two amounts is commonly know as write-offs.

"Write-offs are amounts not paid by third parties or anyone else, so permitting introduction of evidence of them allows the fact finder to determine the actual amount of medical expenses incurred as a result of the defendant's conduct," Justice Terrence O'Donnell wrote in the decision. "This result supports the traditional goal of compensatory damages -- making the plaintiff whole."