Trial Lawyers Provide Opponent Testimony on SB 59 – Mandatory Arbitration

As expected, Ohio trial lawyers have finally testified in opposition to SB 59. After months of waiting and requesting testimony from the lawyers, the AMCNO was not surprised to hear that trial lawyers and trial advocates are of the opinion that the proposed pilot project would deny citizens living in selected counties a choice of mechanisms for resolving disputes by requiring one form of dispute resolution to the exclusion of others. Testimony included comments that the bill included provisions which directly conflict with trial advocates who oppose "loser pay all" rules – claiming such rules function as a serious and substantial economic prohibition to a claimant's access to the civil justice system. Others stated that the arbitration process would result in such cases becoming more time consuming, and more expensive while claiming that in the past non-binding arbitration did not reduce claims or cases that needed to be tried.

The witnesses opined that the bill made the right to trial by jury available only to wealthy patients and healthcare providers as a result of its bonding and "loser pays" provisions while also stating that the pilot project arbitrarily subjects a patient to the virtual loss of the right to trial by jury depending on where the healthcare provider practices or lives in the state by barring the commencement of an action in the counties selected for the pilot without first proceeding through the arbitration process outlined in the bill. The AMCNO plans to respond to the testimony at a future date.