AMC/NOMA Testifies Before Committee, Recommends Changes to SB 88

On Tuesday, Jan. 10, Dr. John Bastulli, AMC/NOMA Vice President for Legislative Affairs offered proponent testimony on legislation mandating arbitration for medical negligence claims during the fourth committee hearing on the matter.  While SB 88 garners bipartisan support on the committee, including Chairman Sen. Stivers’ comment that “I’m very sympathetic to the crisis you’re in right now,” bill sponsor Sen. Coughlin has indicated he is working on a substitute version of the proposal with input from interested parties.  Central to the AMC/NOMA’s testimony was the creation of a pilot program in Northeast Ohio, narrowing the scope of the initial statewide arbitration provision.  “At a minimum, the AMC/NOMA is advocating that Cuyahoga, Summit and other Northeastern Ohio counties be included in this regional arbitration pilotDr. Bastulli noted that doctors in Ohio pay higher liability premiums than in many other states, those in the Cleveland area suffer the highest premiums in the state.  “The AMC/NOMA believes that the current system falls far short of its social goals of promoting patient safety and compensating wrongly injured patients.  Individuals truly harmed through medical negligence should be compensated through a fair and timely process,” Bastulli said.  “However, this process should be one that is equitable to all parties involved—including society as a whole.”  Additional amendments offered during his testimony included requiring an affidavit of merit in the arbitration process, revisions to the panel selection process, adding an opt-out for parties to pursue mandatory mediation should both parties agree, and adding a provision to the Ohio Revised Code requiring the plaintiff’s counsel to notify the chair of any subsequent lawsuits.  To read the full text of Dr. Bastulli's testimony, or for more information and background on the evolution of this proposed legislation initiated by the AMC/NOMA, visit http://www.amcnoma.org/webpages/Arbitration/index.htm