Contrary to editorial, tort reform pays dividends

Contrary to editorial, tort reform pays dividends

EDITOR:

I was surprised by The Vindicator editorial of March 28, “Another view of tort reform.” The editorial seems to suggest that no significant impact was felt in Ohio by the passage and enactment of Senate Bill 80 and House Bill 215 from the 125th General Assembly. Before these laws were enacted, medical liability insurance (MLI) premiums rose an average of 105 percent from 2001-2005. Since 2006, MLI premiums decreased 13-20 percent, and caused certain areas such as Stark County to be removed from the risk category of Cuyahoga County, resulting in an immediate decrease in premiums of up to 30 percent in some specialties. Virtually all of my colleagues have seen significant decreases in their premiums. In addition, the Ohio Department of Insurance reported that the average cost of a medical liability claim decreased from around $24,000 per physician per claim in 2004 to around $9,500 in 2007, a significant savings.

Before 2005 some of the existing MLI carriers were considering not writing policies in our state, and some had stopped altogether. We now have a softer MLI market in Ohio than three years ago because of tort reform, and in the past year or two have been able to attract new MLI carriers to Ohio. Why? Because tort reform legislation has made the market more predictable. The softer market has allowed the recruitment into Ohio of new physicians in higher risk specialties, so that the access to quality healthcare here has actually improved since 2003-2005, when some physicians decided it was easier and safer to practice elsewhere.

The suggestion that the Ohio Supreme Court race was won by Republicans that were “pledged to support tort reform” is inaccurate. The candidates’ message was that they would not legislate from the bench. The Ohio General Assembly, through committees, lobbying, and negotiations, enacted laws that they felt were good for the people of Ohio.

Although two to three years is a small window to judge the effectiveness of our new tort legislation, it is pretty clear that the professional liability climate has improved in Ohio, and that the access to healthcare is improving for patients. Cases are currently working their way through the appeals system, and only when they reach the Ohio Supreme Court can the tort reform laws be tested as to their constitutionality. Hopefully they will be declared constitutional, and Ohio will then be an even better place to practice medicine.

MARC S. SAUNDERS, D.O.

6th District Councilor

Ohio State Medical Association

Youngstown

Danger of ignored potholes

EDITOR:

Regarding potholes on 165 in Springfield Township, potholes don’t get bigger overnight. How did a pothole get big enough to cause a big truck hitting it to veer over center line hitting another vehicle head on and causing a fatality? Seems like poor or blind maintenance by the state highway garage less than two miles away.

You would think some of these state employees would pass this pothole every day going to work and going back home at night. What was their supervisor or boss thinking? He should be looking for a new job. This tragedy should never have happened. The patrol or a good lawyer should be doing some more investigating.

GLENN BAKER

Canfield