THE CAUSE

In Ohio, medical liability insurance premiums have increased by more than 100% in many areas, with the highest increases being experienced in Northeastern Ohio.

v Based upon survey data obtained by The Academy of Medicine of Cleveland/Northern Ohio Medical Association, physicians in Northeastern Ohio are experiencing increases of between 25-50%, with many practices experiencing over a 100% increase in rates.

v Insurance carriers are leaving the liability insurance business in large numbers, leaving physicians without the ability to obtain coverage.

What has created this crisis?

v The Ohio legislature has passed tort reform legislation on two separate occasions only to have the Ohio Supreme Court strike down the law as “unconstitutional”. The court made this decision even though tort reform laws currently exist in some form in almost every other state in the union. The current majority of the Ohio Supreme Court tends to “make the law” versus “interpret the law.”

v Without tort reform legislation in place personal injury lawyers are free to continue to file frivolous lawsuits and pursue huge contingency fees. According to data from the Physician Insurers Association of America, nearly 70 percent of all medical malpractice claims made against doctors do not result in a payment to the plaintiff. In other words, there are meritless claims being filed on a regular basis. In addition, only 1.3 percent of all claims made against a doctor result in a jury award.

v According to the Physicians Insurers Association of America, in 2000, the median cost to dispose of a claim that goes to a jury was $66,767, even when the defendant (physician) was found not guilty.

THE EFFECT

v Physicians feel pressured because of the threat of lawsuit abuse to order extra tests. A nationwide study in the Quarterly Journal of Economics has estimated that “defensive medicine” costs an additional $50 billion per year, driving up health care costs and ultimately health care premiums.

v Some doctors are leaving their practices and calling it quits because of liability worries. These same doctors are taking years of experience with them, which can impact upon training of future physicians and patient care.

v Many medical school graduates are not entering into certain specialty fields due to the malpractice crisis. The end result is that this could ultimately affect the quality of patient care by creating a shortage of physicians in several specialties.

WHAT IS THE SOLUTION TO THIS PROBLEM?

v Judicial reform – 2002 is an election year. It is imperative that the citizens of Ohio elect members to the Ohio Supreme Court who understand that it is their job to interpret the laws not make the laws in this state. Incumbent Justice Evelyn Stratton and candidate Maureen O’Connor understand this imperative and should be supported for the Ohio Supreme Court.

v Gubernatorial and legislative candidates – The citizens of Ohio will vote for Governor and legislators this year. Be sure to find out if the candidate that you plan to vote for understands the need for tort reform in Ohio.

v Passage of meaningful tort reform legislation – legislation must be enacted to reform Ohio’s liability laws. Tort reform laws in California and other states have saved physicians and patients billions in malpractice premiums and unnecessary testing.

Write, call or e-mail your state representative or the governor right now in support of the reform of Ohio’s liability laws to make them fair and reasonable. We need to reform – not abolish – medical liability laws.

We need to reform the composition of the Ohio Supreme Court to assure that once passed, tort reform law remains in force in Ohio.

FOR MORE INFORMATION CONTACT THE ACADEMY OF MEDICINE OF CLEVELAND/NORTHERN OHIO MEDICAL ASSOCIATION AT (216) 520-1000 OR VISIT WWW.AMCNOMA.ORG.