Morris v. Savoy

This court has not considered either of the statutes challenged by petitioners in this case — a remarkable fact given the age of the statutes and the limits they place on recovery by medical malpractice victims. The statutes were part of the General Assembly’s response in 1975 to a perceived health care crisis prompted by escalating medical malpractice insurance premiums.

For the reasons set forth below, we hold that that response was unconstitutional in R.C. 2307.43, by setting a $200,000 cap on general damages that may be awarded for medical malpractice. This answer will serve as a response…