Bill would create arbitration program

The idea is to reduce the number of medical malpractice lawsuits.
By MICHELE C. HLADIK
VINDICATOR CORRESPONDENT
COLUMBUS -- Several Northeast Ohio counties would be among the first to try arbitration as the first course of action in medical malpractice cases, if state lawmakers agree.
The Ohio Senate recently approved the measure, which now moves to the Ohio House of Representatives.
Senate Bill 88, introduced by Sen. Kevin Coughlin, R-Cuyahoga Falls, would create a pilot arbitration program for medical malpractice disputes.
Coughlin said the bill seeks to solve medical malpractice disputes before they reach the courtroom.
"This doesn't take away the right to sue," he said.
He said if the arbitration does not end in one person's favor, that person can still take the matter to court, but under the bill if that person loses the court case, he would then have to pay all legal costs for the other party as well.
Coughlin said the arbitration process will give people a chance to see if they even have a case.
Aims to reduce lawsuits
He said the bill offers those involved a chance to discuss the issues and will, it is hoped, reduce the number of lawsuits and therefore the costs of malpractice insurance by reducing the amount spent on litigation.
He said anything done to stabilize the malpractice insurance market would be a savings for everyone, including the insurance companies, hospitals and doctors.
The arbitration process would involve a three-person panel to hear the dispute and any evidence.
Coughlin said the panel would make a determination of whether an accepted standard of care was used and present its findings. He said the panel would not levy fines or award funds to either party.
Leading the panel would be an attorney agreed upon by both sides. Each side would also get to select one physician with a background in the area in question, according to Coughlin.
According to Coughlin, the legislation has the support of several medical organizations throughout the state.
Some concerns
However, the state Department of Insurance, which would help oversee the program, remains neutral on the issues and has expressed a few concerns.
Insurance Director Ann Womer Benjamin said similar plans in other states are not seeing the amount of change originally expected.
Coughlin said Northeast Ohio was selected as the pilot area because of the higher costs of insurance premiums for doctors in those areas. Those counties slated to be involved if the pilot becomes a reality are Summit, Cuyahoga, Geauga, Lake, Lorain and Erie.