“In the spring of 2002, your AMC/NOMA leadership passed a resolution that said: RESOLVED, That the AMC/NOMA make judicial reform and the passage of meaningful tort reform its number one initiative for 2002.”
Kevin T. Geraci, MD, president of the Academy of Medicine of Cleveland/Northern Ohio Medical Association.
The AMC/NOMA board of directors has achieved both of these goals for 2002. We did it with the help of our members, our patients and with the physician leadership of area hospitals. Physicians in Northeastern Ohio mobilized and took the lead to achieve both judicial reform and the passage of meaningful tort reform in Ohio. Our victory at both of these initiatives clearly illustrates how important a role the AMC/NOMA fills as a physician/patient advocate.
The AMC/NOMA applauds the legislature for passing Senate Bill 281 – legislation that places limits on non-economic damages in medical liability suits. The Governor is expected to sign the legislation before the end of 2002.
Northeastern Ohio physicians were the hardest hit by the medical liability insurance crisis, and the AMC/NOMA worked hard to assure passage of SB 281. The AMC/NOMA mobilized thousands of Northeastern Ohio physicians, their patients, and the chiefs of staff of the Northeastern Ohio hospitals in our grassroots effort. The AMC/NOMA also took a lead role in providing testimony on SB 281. In addition to the lobbying efforts of the AMC/NOMA lobbyists – the Sines and Towner Policy Group – many physician members from the AMC/NOMA took the time out of their practice to testify before both the House and Senate committee hearings on SB 281. The AMC/NOMA believed it very important that physicians take the lead on this issue and provide their input and testimony. In addition to our lobbying efforts, the AMC/NOMA was the first association in the state to contact the media regarding the medical liability crisis and we were the only association to prepare a broad-based media campaign. The AMC/NOMA produced and distributed thousands of brochures to patients and physician offices, met with the media, produced two television ads, radio programs, wrote letters to the editor, planned and participated in a press conference with the governor in Cleveland, and presented at three physician rallies – in Cleveland, Lorain and Columbus.
Although the legislation does not mirror MICRA – the California law – the physicians of Northeastern Ohio are to be congratulated on their grassroots effort. There were changes made to the legislation as it moved through the legislative process and once the bill becomes law the leadership of the AMC/NOMA will continue to monitor the impact of the legislation on the medical community – to determine whether or not there is a positive change in the medical liability climate. Physicians are encouraged to continue to provide information to the AMC/NOMA regarding this issue. For a complete analysis of SB 281, go to our web site at www.amcnoma.org.
Additional legislation that passed through the legislature and will be going to the governor for his signature is Senate Bill 120 and Senate Bill 179. SB 120 holds defendants liable only for their percentage of fault (non-economic) in civil tort actions. SB 179 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.
AMC/NOMA’s Road to Successful judicial and medical liability reform
Efforts toward the passage of SB 281 – medical liability reform legislation
Summer 2001 – the AMC/NOMA board of directors receives report from our third party administrator that the medical malpractice premiums for physicians in Northeastern Ohio were on the rise
November 2001 – the AMC/NOMA sends out a survey to physicians to obtain information regarding the magnitude of the crisis.
February 2002 – the AMC/NOMA collates our survey data and begins to provide information to the public and the media.
March 2002 – the AMC/NOMA convenes a special meeting of the communications committee to formulate a strategy to inform the public, physicians and the media regarding the medical liability crisis and the need for judicial reform.
March 2002 – the AMC/NOMA launches a page on our Web site dedicated to the issue of medical liability and judicial reform.
Early April 2002 – the AMC/NOMA publishes our survey data and sends information to the media. Articles appear in Crain’s, the Plain Dealer, and other medium throughout the summer months based upon information developed by the AMC/NOMA. The AMC/NOMA sends out posters and fliers to over 7,000 physicians in Northeastern Ohio regarding the need for medical liability and judicial reform. The information encourages physicians to mobilize their patients as well as their co-workers. The information includes where patients may write their legislators and a dedicated phone line regarding the reform issues available at the AMC/NOMA.
May 2002 – the AMC/NOMA devotes all of our Healthlines radio program tapings for that month to the issue of medical liability and judicial reform.
June 2002 – the AMC/NOMA president, Dr. Kevin Geraci, was a keynote speaker at a physician rally on Public Square that attracted over 1,000 participants and raised public awareness on the need for medical liability reform.
June 2002 - The AMC/NOMA president was a keynote speaker at the Elyria Rotary Club on the topic of medical liability and judicial reform.
June 2002 – the AMC/NOMA board of directors passed a resolution to continue a sustained grassroots effort and physician mobilization campaign to work towards judicial reform and the passage of meaningful tort reform legislation in the state of Ohio.
June 2002 – the AMC/NOMA conducts another survey – this one focusing on lawsuit experience tied to premium increases.
June, July, and August 2002 - arranged receptions with legislators and candidates, dinners with legislators and individual meetings in Columbus with key legislators.
June 2002 - The AMC/NOMA formed a legislative subcommittee, which includes representatives from the contiguous counties, both member and non-members, key representatives from related organizations, and chiefs of staff from the region. The committee is charged with providing a sustained communications effort in the region regarding the issue of medical liability reform.
July 2002 - The AMC/NOMA wrote to both Governor Taft and the Director of the Department of Insurance, Mr. Lee Covington regarding our concerns on the issue of medical liability. The letter to Governor Taft included a survey requesting his position on liability reform. As a result of the AMC/NOMA inquiries and discussion, the AMC/NOMA EVP/CEO was instrumental in bringing the governor to Cleveland to announce his support of SB 281.
July 2002 – the AMC/NOMA sends out our publication, the Cleveland Physician to more than 5,000 physicians. The publication includes our “Medical Liability Reform Kit.” The kit contains letters, brochures, posters and other materials for physicians to provide to their patients and post in their offices regarding the need for judicial and medical liability reform.
August and September 2002 – The AMC/NOMA leadership met with Director Covington regarding medical liability reform and insurance company issues.
August 2002 - The AMC/NOMA president, Dr. Geraci, and Dr. Henry Bloom, a longstanding AMC/NOMA member, present as keynote speakers at a rally in Lorain, Ohio.
August 9, 2002 - The AMC/NOMA Vice President – Dr. John Bastulli, shared the podium Senator Kevin Coughlin – at the City Club Forum. Their topic was SB 281 and medical liability and judicial reform. The forum was televised and broadcast to over 42 radio stations across the United States.
August 12, 2002 - The AMC/NOMA Vice President participated in a call-in show on WCPN public radio with a plaintiff attorney on the issue of medical liability reform.
September-November, 2002 - The AMC/NOMA launched a television advertisement campaign right after Labor Day that ran through Election Day to raise public awareness regarding the issue of medical liability.
September 4, 2002 – three members of the AMC/NOMA – Drs. Geraci, Bloom and McLaughlin provided proponent testimony on SB 281 – the medical liability reform bill – before the Senate Commerce and Labor Committee.
September 12, 2002 – the AMC/NOMA president hosts an Open House event for Stratton and O’Connor.
September 2002 - The AMC/NOMA devoted another series of our Healthlines radio program to medical liability and judicial reform – and included segments from physicians discussing their personal experiences
September 17, 2002 – Two members of the AMC/NOMA Dr. John Clough and Dr. John Bastulli testified before the House Select Committee on Quality Health Care at Case Western Reserve University regarding medical malpractice and liability reform.
September 30, 2002 – the AMC/NOMA vice president debates a plaintiff attorney on the Feagler and Friends television program.
October 2002 - The AMC/NOMA places a billboard regarding medical liability and judicial reform at I-490 and I-77.
October-November 2002 – the AMC/NOMA runs two weeks of radio advertising copy on 102.1 FM WDOK.
October 2002 – the AMC/NOMA sends out another physician survey to obtain data on premium increase and practice issues impacting physicians in Northeastern Ohio – the data is to be collated and used in testimony before the Senate and House committees.
October 2002 – Dr. Richard Ludgin appears on the Jim McIntyre radio program “Cleveland Connection” to discuss the need for medical liability and judicial reform.
October 2002 – two AMC/NOMA members – Dr. John Bastulli and Dr. Laura David appeared on the Mary Rose Oakar radio program to discuss medical liability reform.
November 2002 – the AMC/NOMA – with additional financial support from the Cleveland Academy of Osteopathic Medicine and the Center for Health Affairs publishes a half-page advertisement in the Plain Dealer illustrating the effects of the medical liability crisis.
November 2002 – Doctors across the region respond to the Northern Ohio Political Action committee and go out to the polls to provide information to the voters.
November 2002 – O’Connor and Stratton are elected to the Ohio Supreme Court. O’Connor is quoted during her acceptance speech stating, “You cannot underestimate the influence of the medical community. They did a tremendous job energizing their own ranks and their patients.”
November 12, 2002 – Three AMC/NOMA members – Drs. Clough, Bastulli and Cowan testify on SB 281 before the Senate Health and Labor Committee. AMC/NOMA survey data is used in testimony along with jury award calculations.
November 2002 – Dr. Dale Cowan participates in a debate at the CWRU School of Law on the merits of SB 281.
November 20, 2002 – Two AMC/NOMA members – Drs. Ludgin and Bastulli testify before the House Civil and Commercial Law Committee regarding the medical liability legislation. Dr. Ludgin also testified before the Senate Committee on the same day.
November 21, 2002 – Dr. Kevin Geraci, AMC/NOMA president, testifies before the House Civil and Commercial Law Committee.
November 26, 2002 - The AMC/NOMA provided testimony on SB 281. Our testimony included a complete copy of our latest physician survey analysis that showed that over ninety percent of the physicians responding from Northeastern Ohio had experienced an increase in insurance rates of 110% this year with the expectation of a similar increase in 2003. Also included in the AMC/NOMA testimony was an analysis of the impact on jury verdicts with caps on attorney contingency fees and non-economic damages based upon the provisions in SB 281, amended SB 281 and HB 665. The data clearly showed that the caps included in the original legislation SB 281 would have had the most impact.
December 2002 – Amended SB 281 passes out of the House committee. Many changes had been made to SB 281 – and the Senate did not concur with the changes. A conference committee convened on December 5, 2002. The conference committee came to an agreement on that same day.
Mid-December 2002 – SB 281 passes the legislature and will now go to the Governor for his signature. The signed bill becomes law 90 days after the Governor signs the bill.
This timeline gives a snapshot of the work done by the AMC/NOMA to respond to the medical liability crisis on Northeastern Ohio. There is more work to be done – your leadership will continue to go to the legislature with issues and we will continue to monitor matters of importance to physicians in this region – not only related to legislation but community issues as well. This is not the time for complacency. The medical profession in the Northeastern Ohio region must stay mobilized and focused. If you know of a colleague that is not a member of the AMC/NOMA – show them this issue of the Cleveland Physician – and encourage them to join the REGIONAL medical association working on their behalf. A copy of our membership application is available online at www.amcnoma.org or by contacting our membership and marketing director, Linda Hale at 216-520-1000 X309.
(The AMC/NOMA would like to once again acknowledge the financial support of various associations, physician groups, and hospitals during the course of this campaign. Previous issues of the Cleveland Physician have included a list of contributors.)