Senator Kevin Coughlin (R – Cuyahoga Falls) today unveiled legislation that would provide for a fair and reasonable forum for resolving medical negligence claims, while quickly and efficiently disposing of frivolous claims. The legislation would allow for a pilot project in the state of Ohio to provide for an alternative dispute resolution process.
This envisioned mandatory arbitration process would be created to consider the benefits of arbitration for any dispute as to the professional negligence of a healthcare professional, hospital, or a healthcare facility. The legislation is required due to the medical malpractice crisis in Ohio, which has significantly impacted patients, providers and the state’s economy.
The legislation, unlike previous attempts at creating a mandatory arbitration process, is not binding. However, the Ohio Rules of Evidence would apply to the arbitration, and all statements or evidence submitted at the arbitration hearing are admissible at a subsequent trial along with the arbitration panel’s decision. In addition, either party still has a right to their day in court, regardless of what the panel’s findings. 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.
Joining Senator Coughlin at the press conference to present their viewpoints and to lend the support of the AMC/NOMA and the Cleveland Clinic to the proposed legislation were Dr. John Bastulli, Vice President of Legislative Affairs for the Academy of Medicine of Cleveland/Northern Ohio Medical Association (AMC/NOMA) and Dr. John Clough, a practicing physician at The Cleveland Clinic Foundation and a member of AMC/NOMA.
“Ohio is losing our most talented doctors to other states with lower medical liability premiums”, Dr. Clough said. “Our doctors are among the finest in the world yet we continue to see a proliferation of unnecessary and frivolous lawsuits. A non-binding, mandatory arbitration process would create a win-win situation and would be a critical step in fixing a system that has been broken for far too long,” Dr. Clough continued. Dr. Bastulli said, “Everyone will lose if the judicial system continues to drive physicians out of the practice of medicine. Many of your company’s insurance costs have skyrocketed because of medical lawsuit abuse costs borne by all of us. 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.”
In addition to AMC/NOMA, the legislation has the full support of the Ohio Osteopathic Association, the Summit County Medical Society and the Ohio Podiatric Medical Association. ] The Academy of Medicine of Cleveland/Northern Ohio Medical Association, headquartered in Cleveland, has acted as an advocate for patients and physicians for 180 years by promoting the practice of the highest quality of medicine.