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Ohio Medical Malpractice Commission Issues Interim Report
COLUMBUS — Ann Womer Benjamin, chairman of the Ohio Medical Malpractice Commission and Director of the Ohio Department of Insurance, announced today that the Commission has released its interim report to the Governor and members of the General Assembly, recommending actions that could help stabilize medical malpractice rates in Ohio
“The interim report highlights the Commission’s work to date and suggests to the General Assembly immediate actions, such as the establishment of a patient compensation fund and a medical screening process, which could help stabilize the state’s volatile medical malpractice market,” said Womer Benjamin. “While tort reform should have an impact on rates in the next several years, these additional measures the Commission is recommending could help ease the pressure on rates sooner.”
Established under Senate Bill 281, the Commission is required to deliver a report to the legislature in April 2005. The Commission determined to issue an interim report before then to outline initial recommendations.
“We are documenting doctors who are leaving the state because of high premiums,” added Womer Benjamin. “This issue demands a comprehensive approach, and we are working to identify potential measures to stabilize the market and help keep doctors in Ohio.”
The Commission recommended the following legislative action:
House Bill 282, which authorizes the Director of Insurance to create a Medical Liability Underwriting Association (MLUA) if the current medical malpractice market further deteriorates, should immediately be passed by the General Assembly and presented to Governor Bob Taft for signature.
Legislation requiring the reporting of medical malpractice lawsuit data, patterned after section 627.912 of the Florida Statutes, should be enacted by the Ohio General Assembly. Such legislation is necessary to evaluate fully the causes of the medical liability crisis in Ohio and to assist the Department and General Assembly in monitoring the market.
The General Assembly and interested parties should continue to pursue expeditiously legislation creating a medical review screening process to pre-screen medical malpractice lawsuits.
The General Assembly should give immediate consideration to establishing a patient compensation fund to help reduce medical malpractice rates.
The Commission has held nine monthly meetings to date and one special session to finalize the interim report.
The Department initiated the MLUA legislation and is closely scrutinizing insurers’ ratemaking and underwriting practices.
The Medical Malpractice Commission members are Chairman Ann Womer Benjamin, Director, Ohio Department of Insurance; Steve Collier, JD, Connelly, Jackson, and Collier; Gerald Draper, JD, Roetzel and Andress LPA; George Dunigan, Ohio Osteopathic Association; William Kose, MD; Ray Mazzotta, President and CEO, OHIC Insurance Co.; D. Brent Mulgrew, Executive Director, Ohio State Medical Association; Frank Pandora, Vice President and General Counsel, Ohio Health; and Wayne Wheeler, MD.
The Ohio Medical Malpractice Commission’s statement of purpose is to provide available, affordable, and stable medical liability coverage for the Ohio medical community while providing for patient safety and redress for those who are negligently harmed.
You still have rights even if you signed a consent form
A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.
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Definition:
Is the process by which fully informed patients can participate in choices about Their healthcare. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care.
Confidentiality
Definition:
The principle that prohibits physicians from disclosing confidential comments made to them by patients unless required to do so by law. The law may require physicians to violate patient confidentiality if the patient poses a serious threat to his or her own health and the well-being or that of others.
Anesthesia
Definition:
A large class of claims related to anesthesia has resulted from cases where the anesthesiologist or anesthetist did not take a complete medical history of angina, myocardial infarction, recent upper respiratory infection, and asthma.
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