September 12, 2003

The Honorable Geoff Smith
Chairman
House Insurance Committee
77 South High Street
Columbus, Ohio 43266

Re: HB 215 - Medical review panels

Dear Representative Smith:

Senate Bill 281 was a good first step toward solving the medical liability crisis in Ohio, however, physicians in the Northern Ohio region are still in crisis. However, many physicians, especially in high-risk specialties, still face difficult decisions on whether or not to continue to practice medicine, reduce services, or close their practice. There is still a need for additional reform. That is why the Academy of Medicine of Cleveland/Northern Ohio Medical Association (AMC/NOMA) representing over 3,000 physicians in the Northern Ohio region actively supports HB 215 - Medical review panels.

One medical liability system reform that was not enacted in SB 281 as related to claims was the medical review board. There are more than 25 states with statutes allowing for medical review panels that review medical liability claims and render non-binding advisory opinions on the merits of the case. HB 215 is patterned after one of those states, Indiana. Indiana's law was enacted in the mid-1970's and Indiana's residents and its physicians appear satisfied with their state's pretrial screening system.

The AMC/NOMA believes that utilizing a medical review panel can have several advantages in terms of discouraging the filing of meritless lawsuits. Because an expert physician reviews the merits of the case prior to the matter being filed with the court, attorneys may be less likely to accept a case without first considering its merits. In addition, if a panel's conclusion is not favorable towards the plaintiff, the plaintiff may be encouraged to settle the case expeditiously or be discouraged from proceeding and actually filing a lawsuit. It is important to note that even with a negative decision, the plaintiff may still decide to file a case and the case may proceed to trial.

It should also be noted that the Pinnacle Actuarial Resources Final Report to the Ohio Department of Insurance indicated that one of their recommendations included the establishment of a medical review board. This board would make a non-binding determination on the merits of a claim before it goes to trial, eliminating frivolous claims and costs from the system. This recommendation was based upon the review of states that are currently not in crisis had enacted broad reform packages - that included medical review panels among other features.

The AMC/NOMA is convinced that based on the positive state experiences with medical review panels, that this mechanism would help weed out meritless and frivolous cases from proceeding to trial. The AMC/NOMA and the physicians in Northern Ohio urge the passage of HB 215.

Sincerely,

John A. Bastulli, M.D.
Vice President of Legislative Affairs
Academy of Medicine of Cleveland/Northern Ohio Medical Association