As Introduced
|
|
Senators Coughlin,
Goodman
A BILL
To amend section 2305.113 and to enact sections
2339.01 to 2339.17 of the Revised Code to establish a pilot program mandating
arbitration for claims of medical negligence prior to the filing of a complaint
and to terminate the provisions of this act ten years after the effective date
of this act by repealing sections 2339.01, 2339.02, 2339.03, 2339.04, 2339.05,
2339.06, 2339.07, 2339.08, 2339.09, 2339.10, 2339.11, 2339.12, 2339.13,
2339.14, 2339.15, 2339.16, and 2339.17 of the Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2305.113 be amended
and sections 2339.01, 2339.02, 2339.03, 2339.04, 2339.05, 2339.06, 2339.07,
2339.08, 2339.09, 2339.10, 2339.11, 2339.12, 2339.13, 2339.14, 2339.15,
2339.16, and 2339.17 of the Revised Code be enacted to read as follows:
Sec. 2305.113. (A) Except as otherwise
provided in this section and Chapter 2339. of the Revised Code, an
action upon a medical, dental, optometric, or chiropractic claim shall be
commenced within one year after the cause of action accrued.
(B)(1)(a) If prior to the expiration of the
one-year period specified in division (A) of this section, a claimant who
allegedly possesses a medical, dental, optometric, or chiropractic claim gives
to the person who is the subject of that claim written notice that the claimant
is considering bringing an action upon that claim, that action may be commenced
against the person notified at any time within one hundred eighty days after
the notice is so given.
(b) When Chapter 2339. of the Revised Code is
applicable, an action upon the medical claim may be commenced by a claimant up
to sixty days after the arbitration panel serves all parties to the claim with
the panel's evaluation.
(2) An insurance company shall not consider the
existence or nonexistence of a written notice described in division (B)(1) of
this section in setting the liability insurance premium rates that the company
may charge the company's insured person who is notified by that written notice.
(C) Except as to persons within the age of minority
or of unsound mind as provided by section 2305.16 of the Revised Code, and
except as provided in division (D) of this section, both of the following
apply:
(1) No action upon a medical, dental, optometric, or
chiropractic claim shall be commenced more than four years after the occurrence
of the act or omission constituting the alleged basis of the medical, dental,
optometric, or chiropractic claim.
(2) If an action upon a medical, dental, optometric,
or chiropractic claim is not commenced within four years after the occurrence
of the act or omission constituting the alleged basis of the medical, dental,
optometric, or chiropractic claim, then, any action upon that claim is barred.
(D)(1) If a person making a medical claim, dental
claim, optometric claim, or chiropractic claim, in the exercise of reasonable
care and diligence, could not have discovered the injury resulting from the act
or omission constituting the alleged basis of the claim within three years
after the occurrence of the act or omission, but, in the exercise of reasonable
care and diligence, discovers the injury resulting from that act or omission
before the expiration of the four-year period specified in division (C)(1) of
this section, the person may commence an action upon the claim not later than
one year after the person discovers the injury resulting from that act or omission.
(2) If the alleged basis of a medical claim, dental
claim, optometric claim, or chiropractic claim is the occurrence of an act or
omission that involves a foreign object that is left in the body of the person
making the claim, the person may commence an action upon the claim not later
than one year after the person discovered the foreign object or not later than
one year after the person, with reasonable care and diligence, should have
discovered the foreign object.
(3) A person who commences an action upon a medical
claim, dental claim, optometric claim, or chiropractic claim under the
circumstances described in division (D)(1) or (2) of this section has the
affirmative burden of proving, by clear and convincing evidence, that the
person, with reasonable care and diligence, could not have discovered the
injury resulting from the act or omission constituting the alleged basis of the
claim within the three-year period described in division (D)(1) of this section
or within the one-year period described in division (D)(2) of this section,
whichever is applicable.
(E) As used in this section:
(1) "Hospital" includes any person,
corporation, association, board, or authority that is responsible for the
operation of any hospital licensed or registered in the state, including, but
not limited to, those that are owned or operated by the state, political
subdivisions, any person, any corporation, or any combination of the state,
political subdivisions, persons, and corporations. "Hospital" also
includes any person, corporation, association, board, entity, or authority that
is responsible for the operation of any clinic that employs a full-time staff
of physicians practicing in more than one recognized medical specialty and
rendering advice, diagnosis, care, and treatment to individuals.
"Hospital" does not include any hospital operated by the government
of the United States or any of its branches.
(2) "Physician" means a person who is
licensed to practice medicine and surgery or osteopathic medicine and surgery
by the state medical board or a person who otherwise is authorized to practice
medicine and surgery or osteopathic medicine and surgery in this state.
(3) "Medical claim" means any claim that is
asserted in any civil action against a physician, podiatrist, hospital, home,
or residential facility, against any employee or agent of a physician,
podiatrist, hospital, home, or residential facility, or against a licensed
practical nurse, registered nurse, advanced practice nurse, physical therapist,
physician assistant, emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic, and that
arises out of the medical diagnosis, care, or treatment of any person.
"Medical claim" includes the following:
(a) Derivative claims for relief that arise from the
medical diagnosis, care, or treatment of a person;
(b) Claims that arise out of the medical diagnosis,
care, or treatment of any person and to which either of the following applies:
(i) The claim results from acts or omissions in
providing medical care.
(ii) The claim results from the hiring, training,
supervision, retention, or termination of caregivers providing medical
diagnosis, care, or treatment.
(c) Claims that arise out of the medical diagnosis,
care, or treatment of any person and that are brought under section 3721.17 of
the Revised Code.
(4) "Podiatrist" means any person who is
licensed to practice podiatric medicine and surgery by the state medical board.
(5) "Dentist" means any person who is
licensed to practice dentistry by the state dental board.
(6) "Dental claim" means any claim that is
asserted in any civil action against a dentist, or against any employee or
agent of a dentist, and that arises out of a dental operation or the dental
diagnosis, care, or treatment of any person. "Dental claim" includes
derivative claims for relief that arise from a dental operation or the dental
diagnosis, care, or treatment of a person.
(7) "Derivative claims for relief" include,
but are not limited to, claims of a parent, guardian, custodian, or spouse of
an individual who was the subject of any medical diagnosis, care, or treatment,
dental diagnosis, care, or treatment, dental operation, optometric diagnosis,
care, or treatment, or chiropractic diagnosis, care, or treatment, that arise
from that diagnosis, care, treatment, or operation, and that seek the recovery
of damages for any of the following:
(a) Loss of society, consortium, companionship, care,
assistance, attention, protection, advice, guidance, counsel, instruction,
training, or education, or any other intangible loss that was sustained by the
parent, guardian, custodian, or spouse;
(b) Expenditures of the parent, guardian, custodian,
or spouse for medical, dental, optometric, or chiropractic care or treatment,
for rehabilitation services, or for other care, treatment, services, products,
or accommodations provided to the individual who was the subject of the medical
diagnosis, care, or treatment, the dental diagnosis, care, or treatment, the
dental operation, the optometric diagnosis, care, or treatment, or the
chiropractic diagnosis, care, or treatment.
(8) "Registered nurse" means any person who
is licensed to practice nursing as a registered nurse by the board of nursing.
(9) "Chiropractic claim" means any claim
that is asserted in any civil action against a chiropractor, or against any
employee or agent of a chiropractor, and that arises out of the chiropractic
diagnosis, care, or treatment of any person. "Chiropractic claim"
includes derivative claims for relief that arise from the chiropractic
diagnosis, care, or treatment of a person.
(10) "Chiropractor" means any person who is
licensed to practice chiropractic by the state chiropractic board.
(11) "Optometric claim" means any claim
that is asserted in any civil action against an optometrist, or against any
employee or agent of an optometrist, and that arises out of the optometric
diagnosis, care, or treatment of any person. "Optometric claim"
includes derivative claims for relief that arise from the optometric diagnosis,
care, or treatment of a person.
(12) "Optometrist" means any person
licensed to practice optometry by the state board of optometry.
(13) "Physical therapist" means any person
who is licensed to practice physical therapy under Chapter 4755. of the Revised
Code.
(14) "Home" has the same meaning as in
section 3721.10 of the Revised Code.
(15) "Residential facility" means a
facility licensed under section 5123.19 of the Revised Code.
(16) "Advanced practice nurse" means any
certified nurse practitioner, clinical nurse specialist, certified registered
nurse anesthetist, or certified nurse-midwife who holds a certificate of
authority issued by the board of nursing under Chapter 4723. of the Revised
Code.
(17) "Licensed practical nurse" means any
person who is licensed to practice nursing as a licensed practical nurse by the
board of nursing pursuant to Chapter 4723. of the Revised Code.
(18) "Physician assistant" means any person
who holds a valid certificate of registration or temporary certificate of
registration issued pursuant to Chapter 4730. of the Revised Code.
(19) "Emergency medical technician-basic,"
"emergency medical technician-intermediate," and "emergency
medical technician-paramedic" means any person who is certified under
Chapter 4765. of the Revised Code as an emergency medical technician-basic,
emergency medical technician-intermediate, or emergency medical
technician-paramedic, whichever is applicable.
Sec. 2339.01. As used in sections
2339.01 to 2339.17 of the Revised Code:
(A) "Health care facility" means a
clinic, ambulatory surgical facility, trauma facility, emergency department,
office of a health care professional or associated group of health care
professionals, training institution for health care professionals, or any other
place where medical or other health-related diagnosis, care, or treatment is
provided to persons.
(B) "Health care professional" means a
physician authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, or podiatric medicine
and surgery.
(C) "Hospital" means any person,
corporation, association, board, or authority that is responsible for the
operation of any hospital licensed or registered in the state, including, but
not limited to, those that are owned or operated by the state, political
subdivisions, any person, any corporation, or any combination of the state,
political subdivisions, persons, and corporations. "Hospital" also
includes any person, corporation, association, board, or authority that is
responsible for the operation of any clinic that employs a full-time staff of
physicians practicing in more than one recognized medical specialty and
rendering medical or other health-related advice, diagnosis, care, and
treatment to individuals. "Hospital" does not include any hospital
operated by the government of the United States or any of its branches.
(D) "Medical negligence" means a
negligent act or an omission to act by a health care professional, hospital, or
health care facility in the rendering of health care services that are within
the scope of the services for which the health care professional, hospital, or
health care facility is licensed or accredited which act or omission is the
proximate cause of personal injury or wrongful death.
Sec. 2339.02. (A) The superintendent of
insurance shall establish a pilot program to determine the benefits of using
arbitration in disputes as to the medical negligence of a health care
professional, hospital, or health care facility.
(B) Five years after the effective date of
sections 2339.01 to 2339.17 of the Revised Code, the superintendent shall
submit a preliminary written report on the use of arbitration panels by the
pilot program to the governor, the speaker of the house of representatives, and
the president of the senate. The report also shall outline the superintendent's
findings on the results of arbitration under the pilot program. The
superintendent shall issue a final written report within one year after the
conclusion of the pilot program to the governor, the speaker of the house of
representatives, and the president of the senate.
Sec. 2339.03. (A) Claims alleging
medical negligence are subject to sections 2339.01 to 2339.17 of the Revised
Code. A claimant shall not commence an action alleging medical negligence
against a health care professional, hospital, or health care facility unless
the claimant has given the health care professional, hospital, or health care
facility written notice pursuant to this section, not less than one hundred
eighty days before commencing the action, of the claimant's intent to file a
complaint. The time periods for filings and responses set forth in sections
2339.03 and 2339.04 of the Revised Code does not alter or affect this minimum
period. This section shall not affect the time limits placed on the
commencement of actions under section 2305.113 of the Revised Code.
(B) The required written notice shall be mailed by
certified mail to the last known business or residential address of the health
care professional, hospital, or health care facility that is the subject of the
claim. Proof of the receipt of the notice constitutes prima-facie evidence of
the provision of the notice and compliance with this section. If a business or
residential address reasonably can not be ascertained, the notice shall be
mailed via certified mail to the address where the applicable health care
services were rendered.
(C) Notwithstanding the time limit set by division
(A) of this section, a claimant may give the required written notice to a
health care professional, hospital, or health care facility up to ninety days
before commencing an action, when all of the following conditions apply:
(1) The claimant previously gave timely written
notice to other health care professionals, hospitals, or health care facilities
involved in the claim;
(2) The one hundred eighty-day notice period
expired as to the health care professionals, hospitals, and other health care
facilities that received notice under division (C)(1) of this section;
(3) The claimant has filed a complaint and
commenced an action alleging medical negligence against one or more of the
health care professionals, hospitals, or health care facilities described in
division (C)(1) of this section;
(4) Before filing the complaint, the claimant did
not identify and could not reasonably have been expected to identify a health
care professional, hospital, or health care facility required as a party to the
claim to be given timely written notice by the claimant.
(D) The written notice required by this section
shall contain all of the following information:
(1) The factual basis for the claim;
(2) The standard of practice or care alleged by
the claimant to be applicable to the relevant health care services;
(3) The manner in which it is alleged that the
applicable standard of practice or care was breached by the health care
professional, hospital, or health care facility;
(4) The action that allegedly should have been
taken to achieve compliance with the stated standard of practice or care;
(5) The manner in which it is alleged that the
breach of the standard of practice or care was the proximate cause of the
injury claimed in the notice;
(6) The names of all health care professionals,
hospitals, and health care facilities that the claimant is notifying under this
section in relation to the claim.
(E) Within fifty days after giving the required
written notice, the claimant shall allow the health care professional,
hospital, or health care facility notified, or their attorney, access to all of
the medical records related to the claim that are in the claimant's control,
and shall furnish releases for any medical records related to the claim that
are not in the claimant's control but of which the claimant has knowledge.
Within fifty days after receiving notice pursuant to this section, the health
care professional, hospital, or health care facility shall allow the claimant
or the claimant's attorney access to all medical records related to the claim
that are in control of the health care professional, hospital, or health care
facility. This division does not restrict a health care professional, hospital,
or health care facility that receives notice pursuant to this section from
communicating with other health care professionals, hospitals, or health care
facilities and acquiring medical records as otherwise permitted by the Revised
Code.
(F) After the initial written notice is given to a
health care professional, hospital, or health care facility pursuant to this
section, no additional days shall be added to the one hundred eighty-day
waiting period irrespective of the number of additional parties subsequently
notified in regard to that claim.
(G) Within one hundred fifty days after receiving
notice pursuant to this section, the health care professional, hospital, or
health care facility notified, or their attorney, if denying the claim, shall
furnish a written response to the claimant or the claimant's attorney that
contains all of the following information and statements:
(1) The factual basis for any defense to the
claim;
(2) The standard of practice or care that the
health care professional, hospital, or health care facility alleges to be
applicable to the health care services rendered;
(3) A statement by the health care professional,
hospital, or health care facility that the applicable standard of practice or
care was complied with and the manner in which compliance was achieved;
(4) The reason that the health care professional,
hospital, or health care facility contends that the claimant's alleged injury
is unrelated to the health care services rendered.
(H) If the claimant or the claimant's attorney
does not receive the written response required under division (G) of this
section within the time prescribed, the claimant may thereafter commence an
action alleging medical negligence against the health care professional,
hospital, or health care facility.
Sec. 2339.04. (A) If a claim is made
alleging medical negligence, the health care professional, hospital, or health
care facility named, instead of responding pursuant to section 2339.03 of the
Revised Code, may file a motion with the court for dismissal of the claim,
accompanied by an affidavit of noninvolvement. The motion and affidavit, and
the parties' actions related thereto, shall be governed by section 2323.45 of
the Revised Code.
(B) The parties to a medical negligence claim, and
their attorneys, may communicate with persons in order to obtain information
relevant to the subject matter of the medical negligence claim. The parties to
a medical negligence claim, and their attorneys, shall obtain discovery,
including the conduct of any necessary interrogatories, request for production
of documents, and depositions relating to the subject matter of the claim. Any
person disclosing information pursuant to this division is not in violation of
any duty or obligation owed to the parties under other provisions of the
Revised Code.
Sec. 2339.05. No person shall be deemed
competent to give expert testimony in a claim alleging medical negligence unless
the person meets the requirements for an expert witness under section 2743.43
of the Revised Code.
Sec. 2339.06. No civil action against a
health care professional, hospital, or health care facility based upon acts or
omissions subject to sections 2339.01 to 2339.17 of the Revised Code, or
against persons providing related health care or treatment, whether or not they
are party to a medical negligence claim based on those acts or omissions, shall
be taken except pursuant to sections 2339.01 to 2339.17 of the Revised Code.
Sec. 2339.07. (A) If at any time a
claimant alleging medical negligence enters into a settlement agreement with a
respondent concerning the claim, whether or not the settlement agreement was
entered into under court supervision, the claimant and respondent or the
claimant's and respondent's attorneys shall jointly file a complete written
copy of the settlement agreement with the superintendent of insurance. The
filing shall be made within thirty days after the parties enter into the settlement
agreement.
(B) Information filed with the superintendent
under this section is confidential except for use by the department of
insurance for general statistical purposes.
Sec. 2339.08. Prior to the filing of a
complaint, all claims alleging medical negligence shall be arbitrated in
accordance with sections 2339.01 to 2339.17 of the Revised Code.
Sec. 2339.09. (A) The panel shall
consist of three members from the American health lawyers alternative dispute
resolution service, one selected by the claimants, one selected by the
respondents, and a third member agreed to by those members, to serve as the
chairperson of the panel.
(B) The grounds for disqualification of an
arbitrator shall be the same as that provided by the Revised Code and court
rules for the disqualification of a judge.
(C) The parties shall share the cost of the
arbitration, however, the claimants and respondents are responsible for the
cost of the member representing their interests.
Sec. 2339.10. The chairperson of the
panel shall set a time and place for the arbitration hearing and send notice to
the arbitrators and parties to the action at least twenty-eight days before the
date set for the arbitration hearing.
Sec. 2339.11. (A) At least seven days
before the date of the arbitration hearing, the parties to the claim shall
submit copies of the filings and responses made under sections 2339.03 and
2339.04 of the Revised Code to the chairperson of the arbitration panel, and
five copies of a concise brief or summary setting forth that party's factual or
legal position on the issues presented by the claim. Parties to the claim may
submit additional documents pertaining to the issues to be arbitrated. In
addition, one copy of each document and the brief or summary shall be served on
each attorney of record in the action.
(B) Any party failing to submit the documents and
brief or summary to the chairperson of the panel as required by this section
shall be fined sixty dollars, to be paid at the time of the arbitration hearing
and distributed equally among the arbitrators.
Sec. 2339.12. (A) A party to a medical
negligence claim has the right, but is not required, to attend an arbitration
hearing. If scars, disfigurement, or other unusual conditions exist, these may
be demonstrated to the arbitration panel by personal appearance, photographs,
or videotape.
(B) The Ohio Rules of Evidence shall apply to
arbitration hearings. Factual information having a bearing on damages or
liability shall be supported by documentary evidence when possible. A stenographic
record or tape recording and transcript of each arbitration hearing shall be
maintained as part of the arbitration's official record.
(C) The panel's evaluation is not admissible in
subsequent court proceedings, and panel members shall not testify or provide
depositions in subsequent court proceedings. In a jury action, however, the
court may inform the jury that the claim was arbitrated and an evaluation
rendered and, as to each party to the action, whether the panel's evaluation
favored the party.
(D) To the extent permitted by the Rules of
Evidence, an admission made by a party or a party's representative to the
arbitration panel, and witness testimony and documentary evidence given at the
arbitration hearing, shall be admissible in any subsequent court proceeding.
Sec. 2339.13. (A) Except as otherwise
provided in division (B) of this section, an arbitration panel shall evaluate a
claim within fourteen days after an arbitration hearing and shall serve each
party with a copy of its evaluation. The evaluation shall include the panel's
specific finding on the applicable standard of practice or care for the health
care services rendered. The evaluation shall set forth the panel's awards and
shall indicate if any award is not unanimous. All dissenting opinions of
members shall accompany the evaluation.
(B) The evaluation shall state if the arbitration
panel determines that a claim or defense is frivolous. If the claim proceeds to
trial, the party who has been determined to have a frivolous claim or defense
shall post a cash or surety bond, approved by the court, in the amount of fifty
thousand dollars. If judgment is entered against the party who posted the bond,
the bond shall be used to pay all reasonable costs incurred by the opposing
parties as allowed by the Revised Code and rules of court, including reasonable
attorney fees.
(C) The evaluation shall include a separate award
as to each cross-claim, counterclaim, and third-party claim that has been
filed. For this purpose, all cross-claims, counterclaims, and third-party
claims filed by a single party against another party shall be treated as a
single claim.
Sec. 2339.14. (A) Each party to a claim
shall file a written acceptance or rejection of the arbitration panel's
evaluation within twenty-eight days after being served with the panel's
evaluation. A party's failure to file written acceptance or rejection within
twenty-eight days shall constitute the party's acceptance of the evaluation.
(B) A party's acceptance or rejection of the
arbitration panel's evaluation shall not be disclosed until the expiration of
the twenty-eight-day period, at which time the chairperson of the panel shall
mail a notice to all parties to the action indicating each party's acceptance
or rejection of the panel's evaluation.
(C) In arbitrations involving multiple parties,
the following rules shall apply:
(1) All of the parties on either side of the claim
have the option of jointly accepting all of the arbitration panel's awards or
of accepting some awards and rejecting others. However, as to any particular
opposing party, the party either shall accept or reject the awards in their
entirety.
(2) A party that accepts all of the awards may
indicate in the acceptance that the acceptance only is effective if all of the
opposing parties accept the awards. If this limitation is not included in the
acceptance, the accepting party shall be considered to have agreed to an entry
of judgment as to that party and those of the opposing parties who have
accepted all of the awards, with the action to continue between the accepting
party and those opposing parties that have rejected any of the awards. If the
limitation is included in the acceptance and some of the opposing parties
reject the awards, the party including the limitation is considered to have
rejected the awards even as to those individual opposing parties that have
accepted all of the awards and the cost provisions of section 2339.16 of the
Revised Code shall apply.
Sec. 2339.15. (A) If all parties accept
the arbitration panel's evaluation, the chairperson of the panel shall mail a
copy of the panel's awards to all of the parties and shall add all fees, costs,
and interest to the date of judgment to the awards.
(B)(1) In a case involving multiple parties, the
chairperson of the panel shall mail copies of the awards to the parties that
have accepted the portions of the evaluations that apply to them if not
proscribed by division (C)(2) of section 2339.14 of the Revised Code. If all or
part of the evaluation is rejected by opposing parties, the action shall
proceed to trial on the unresolved matters, subject to the party filing a
complaint with the court within sixty days after being served with the panel's
evaluation.
(2) In a case involving a single claimant and
respondent, the chairperson of the panel shall mail copies of those portions of
the evaluation and awards accepted by the opposing parties. If all or part of
the evaluation is rejected by the opposing parties, the action shall proceed to
trial on the unresolved matters, subject to a party filing a complaint with the
court within sixty days after being served with the panel's evaluation.
(C) The chairperson of the panel shall place a
copy of the evaluation and the parties' acceptances and rejections in a sealed
envelope for filing with the clerk of court. If a complaint is filed and the
action proceeds to trial, the envelope shall not be opened and the parties
shall not reveal the amount of the evaluation's awards until judgment has been
rendered.
(D) At any time within one year after a party
accepts an arbitration panel's award, the party shall apply to the court for an
order confirming the award. Thereupon the court shall grant such an order and
enter judgment thereon, unless the award is vacated, modified, or corrected as
prescribed in sections 2711.10 and 2711.11 of the Revised Code. Written notice
of the application shall be served upon the adverse parties and their attorneys
five days before a hearing on the application.
Sec. 2339.16. (A) If a party rejects
all or any of the arbitration panel's evaluation and awards and the claim
proceeds to trial upon the party's complaint, that party shall pay an opposing
party's actual costs unless the verdict is at least ten per cent more favorable
to the rejecting party than the evaluation. However, if an opposing party also
rejects the evaluation and award, that party is entitled to costs only if the
verdict is more favorable to that party than the evaluation.
(B) For purposes of this section, a verdict shall
be adjusted by adding assessable costs and interest to the amount of the
verdict from the date of filing of the complaint to the date of the
evaluation's release.
(C) As used in this section, actual costs include
those costs taxable in any civil action.
Sec. 2339.17. Any arbitration agreement
entered into by opposing parties, whether as to awards or other matters, is
binding on all parties to the agreement.
Section 2. That existing section 2305.113
of the Revised Code is hereby repealed.
Section 3. Sections 2339.01, 2339.02,
2339.03, 2339.04, 2339.05, 2339.06, 2339.07, 2339.08, 2339.09, 2339.10,
2339.11, 2339.12, 2339.13, 2339.14, 2339.15, 2339.16, and 2339.17 of the
Revised Code are repealed ten years after the effective date of this act.
Section 4. In connection with all actions
based upon medical negligence claims that accrue during a period commencing on
the effective date of this act and expiring nine years thereafter, the
operation of sections 2711.21 to 2711.24 of the Revised Code is suspended. All
actions based upon medical negligence claims accruing during this period shall
be subject to the operation of Chapter 2339. of the Revised Code. Upon the
expiration of such period of suspension, sections 2711.21 to 2711.24 of the
Revised Code, in either the present form of such sections or as they are
hereafter amended, again become fully operational as to all actions based upon
medical negligence claims accruing after the period of suspension.