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Medical Liability Underwriting Association (MLUA) - The MLUA would provide a state operated insurance coverage option in the event Ohio’s medical liability market collapses. $12 million has been secured for the initial capitalization of the MLUA – available if needed.
Joint and Several Liability Reform - eliminated a defendant’s joint and several liability for a plaintiff’s economic damages in tort actions and provides for a recovery system based on proportionate liability. Holds defendants liable only for their percentage of fault (non-economic) in civil tort actions. Adopts a “fair share” rule where defendants only pay damages commensurate with their percentage of fault.
Prejudgment Interest Reform - Reduces the amount of interest a plaintiff would receive or a defendant would pay in civil jury trials. Provides that judgment interest does not apply to the portion of the award that is future damages – damages that have not yet accrued.
Update Ohio Good Samaritan Law - Reduces the pool of indigent people eligible to sue volunteer health care workers and expands immunity for volunteer health care workers. Extends the liability protections provided to physicians working in free clinics to physicians who care for indigent people in their office setting.
Expanded Peer Review Protections - Grants immunity from civil liability to a health care entity, or a member of or an individual who works for or on behalf of a peer review committee of a health care entity for any acts, omissions, decisions, or other conduct within the scope of the functions of a peer review committee of the health care entity. Expands physician peer review protections to include physician offices, ambulatory surgery centers, and other health care settings. Protects information disclosed in a peer review process from discovery in a subsequent liability claim.
Insurer Notice Requirements - Mandatory notice to ODI for changes in market presence over 5 percent increase, changed from 30 to 60 days for non-renewals and rate increases, provided for expedited appellate review of SB 281.
“I am sorry law” - Prohibits the use of a defendant’s statement of sympathy as evidence in a medical liability action. Expressing sympathy has been used as an admission of liability and this provision would allow a physician to express sorrow without having it used against him/her.
Expert Witnesses - The bill sets forth that a physician from another state that testifies as an expert witness in Ohio in any action against a physician for injury or death, whether in contract or tort, arising out of the provision of or failure to provide health care services, is to be deemed to have a temporary license to practice medicine in Ohio solely for the purpose of providing such testimony and is subject to the authority of the State Medical Board of Ohio. The bill specifically prohibits a court from allowing an expert in one medical specialty to testify against a health care provider in another medical specialty unless the expert shows both that the standards of care and practice in the two specialties are similar and that the expert has substantial familiarity between the specialties.
Medical Claims Data Collection - The bill regulates the collection and disclosure of medical claims data by the Ohio Department of Insurance. The Superintendent of the Ohio Department of Insurance is to require each authorized insurer, surplus lines insurer, risk retention group, self-insurer, captive insurer, the Medical Liability Underwriting Association if created, and any other entity that provides medical malpractice insurance to risks located in Ohio to report information to the Ohio Department of Insurance at least annually regarding any medical, dental, optometric, or chiropractic claim asserted against a risk located in Ohio, if the claim resulted in any of the following: a final judgment in any amount; a settlement in any amount; a final disposition of the claim resulting in no indemnity payment on behalf of the insured.
Affidavit of Noninvolvement - A health care provider named as a defendant in a civil action based upon a medical claim is permitted to file a motion with the court for dismissal of the claim accompanied by an affidavit of noninvolvement. An affidavit of noninvolvement is to set forth, with particularity, the facts that demonstrate that the defendant was misidentified or otherwise not involved individually or through the action of the defendant’s agents or employees in the care and treatment of the plaintiff, was not obligated individually or through the defendant’s agents or employees to provide for the care and treatment of the plaintiff, and could not have caused the alleged malpractice individually or through the defendant’s agents or employees in any way.
Certificate of Expert Review - requests the Ohio Supreme Court to require a plaintiff filing a medical liability claim to include a certificate of expert review as to each defendant. The Ohio General Assembly respectfully requests that the certificate of expert review require the signature of an expert witness from the same specialty as the defendant; said witness is to be required to meet the statutory evidentiary and case law requirements of a medical expert capable of testifying at trial.
Attorney data - requests that the Ohio Supreme Court adopt rules of professional conduct that require attorneys who represent persons on medical malpractice claims to file a report with the Department of Insurance or the Department's designee describing the attorney fees and expenses received for the representation, as well as any other data necessary for the Department to reconcile the attorney fee and expense data with other medical malpractice closed claim data received by the Department.
For more information on any of these legislative initiatives – please contact the AMC/NOMA at 216-520-1000, ext. 321.