Dr. Bastulli discusses the impact of the medical liability crisis on physicians and the community.
Dr. Bastulli discusses the impact of the medical liability crisis on physicians and the community.
I am Dr. Bastulli, a practicing physician in Northeastern Ohio and a member of the Academy of Medicine of Cleveland/Northern Ohio Medical Association (AMC/NOMA.) The citizens of Northeast Ohio have always had access to high quality, state of the art medical care. We have some of the world's best physicians and finest medical institutions. The medical care in our region has been consistently recognized by many national publications, as among the best our nation has to offer. The concentration of medical services in Northeast Ohio makes the practice of medicine the largest employer in the region. In fact, a recent study commissioned by the regional hospital association in our area shows that the total economic impact of our area hospitals and their related health care facilities is $11.58 billion. This includes a household earnings impact of $3.28 billion. These economic activities generate close to $254 million annually in state and local tax revenues.
As a whole, data has shown that Ohio physicians experience higher liability insurance premiums than in many other states. In our view, the trend of ever-increasing premiums, over the last few years is not indicative of the level of medical care patients receive from our physicians and hospitals. On the contrary, it signifies that Ohio’s civil justice system is out of balance. We are in the midst of a crisis that is threatening the health of our citizens and the welfare of our region’s economy. We all want access to quality, affordable health care. But when trial attorneys file meaningless lawsuits to coerce settlements or test the waters to see how much money they can get, there is a domino effect and all of us pay the price. The skyrocketing costs, and, in some cases, unavailability of professional liability insurance has had an adverse effect on the doctor-patient relationship. If this situation continues unchecked and is not dealt with, the access to high quality medical care that we have come to take for granted will be threatened.
We believe the primary contributing factors to this situation have been the proliferation of meritless lawsuits filed against physicians and, most importantly, by the rapidly escalating costs associated with excessive jury awards, settlements and the defense of these suits. A study done by the American Tort Reform Association shows that the litigation crisis costs every Ohioan $646 per year, and every Ohio family $2544 per year. In these fragile economic times, families can ill afford to pay $2500 for the lawsuit abuse of a few individuals. This crisis is literally driving doctors out of practice or out of state. Some already have retired early, while others have reduced the level of services they are willing to provide to both their patients and hospitals, especially high-risk services. A survey recently reported by the Ohio Department of Insurance clearly shows that the crisis has not abated and that physicians across the state need an alternative. We need an alternative to the court system and we need it now.
Compared to a traditional trial, arbitration can usually be completed quickly and less formally. The arbitration process allows the parties to gauge how others view the case and assist the parties in arriving at a settlement agreement more quickly. Arbitration has many positive aspects, such as relieving the backlog of cases pending in courts, cost effectiveness, flexibility entering into the process, and decreasing the time it would take to resolve a matter. The AMC/NOMA and the physicians of Northern Ohio need relief, and this legislation would provide a process that could assist in bringing medical liability cases to a quicker resolution in a more cost-effective manner.