Sen Coughlin Provides Sponsor Testimony on SB 59, AMCNO Testifies Next Week

Senate Bill 59, proposed legislation that aims to establish a pilot program mandating arbitration for claims prior to the filing of a complaint, was discussed with the Senate Insurance, Commerce and Labor Committee this week when Sen. Kevin Coughlin, (R- Cuyahoga Falls) offered sponsor testimony on the measure, telling the panel it would establish a northeast Ohio pilot program to test the effectiveness of a medical malpractice arbitration process. The process, Sen. Coughlin said, is designed to either legitimize or short-circuit claims before they reach the court process, saving both sides time and money. He said the process could also lead to out-of-court settlements. Sen. Coughlin noted that the bill - similar to a proposal considered last session - targets several northeast Ohio counties where medical malpractice premium costs are significantly higher than the rest of the state. He said the proposal follows in line with recent legislative efforts to stabilize the rates that have driven some physicians out of practice. Sen. Coughlin noted that the measure contains a handful of changes from last session's version, including allowing an arbitration panel to determine if a case is "complex," thereby extending timelines. The new version also generally puts a 21-day timeline on the arbitration hearing, eliminating concerns that the process could be overly long. He also noted that the new bill complies with Civil Rule 10. Responding to questions, Sen. Coughlin told Sen. Kearney he didn't feel that adding the arbitration process would add additional time and cost for those seeking to pursue claims. Coughlin said the proposed timeline generally mirrors typical pre-trial proceedings and said it gives both sides an early chance to see if the claim has merit. "In my view, it's a win-win situation for both," he said. Sen. Kearney also questioned whether the process offers an advantage to defendants who he said are more likely to hire large law firms. Sen. Coughlin responded that the arbitration panel would offer its opinion based on the merits of the claim, regardless of the type of lawyers involved. The last legislative session saw the bill’s predecessor, SB 88, make it through a Senate vote but was left unanswered in the House due to members’ 2006 election schedules. Among opponents claims is that “there is no crisis in medical malpractice rates.” Since the inception of the proposed legislation, AMCNO leadership has maintained the significant difference between Northeast Ohio physicians, with their unique categorizing for liability, and those who practice throughout the rest of the state. For more information or to read the full coverage, contact ebiddlestone@amcnoma.org.  SB 59 is scheduled for proponent and opponent testimony on March 28th. The AMCNO has assembled a group of area physicians and an ADR attorney to offer proponent testimony in Columbus on the bill.