Medical malpractice commission releases final report

Following two years of extensive and detailed testimony, Ohio Medical Malpractice Commission chair Ann Worrier Benjamin released the commission's final report recently, which offers recommendations to the legislature and administration to help stabilize Ohio's medical liability market. The report

Six states have established patient safety centers, with a general mission of coordinating patient safety efforts, identifying and educating healthcare providers about medical best practices, and developing data collection systems and protocols for error reporting. The commission's report states that such a center in Ohio should be structured as a partnership among state government units and appropriate private institutions. The commission believes that, while several patient safety initiatives are being pursued in Ohio, the establishment of a central authority is critical.

"Errors in the delivery of healthcare unfortunately do occur, underscoring the need for standardized best practices to be developed to help prevent future errors," stated Womer Benjamin. "Promoting patient safety was a major focus of the commission's work."

Commission members heard substantial testimony on the viability of binding arbitration, pretrial screening panels, and medical review boards. The commission's report indicates that many issues are unresolved regarding these proposals, including whether they are constitutionally feasible, reduce costs, or save time. The commission's report recommends a pilot project in one or more counties that establishes specialized medical malpractice courts - or dockets.

The commission's report also recommends that Senate Bill 281 remain in effect in Ohio with the expectation that it will help to stabilize the medical malpractice market over time. Testimony of insurance department representatives from Indiana, Wisconsin, and New Mexico and data from other tort reform states indicate the positive impact tort reform has had on other states' markets, which have sustained relative market stability compared to non-tort reform states, according to the commission. In addition, because rates primarily rely on loss experienced over a period of time and the fact that most medical malpractice cases now being heard in Ohio courts are not subject to S.B. 281, the commission could not conclusively evaluate the effects of the new law on the Ohio market, or on medical malpractice cases in Ohio.

"The commission heard considerable testimony that claims, settlements, and lawsuits are factors in premium increases even if a claim is without merit. The costs of defending and settling claims drive increases in coverage premiums," stated Womer Benjamin. "With respect to the impact of tort reform, the commission remains confident that tort reform will help stabilize rates. Because many of the existing cases fall outside of the effective date, and since insurers have yet to examine losses impacted by the measure, we still have not seen the full effects of S.B. 281 on the market."