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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.
Sexual abuse is a form a medical malpractice
Sexual abuse of or sexual misconduct with a patient is also a serious issue. Six to ten percent of psychiatrists surveyed confessed to having engaged in sexual contact with a patient and in a longitudinal study.
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A cleft is a separation in a body structure. Clefts that occur in the oral-facial region often involve the lip, the roof of the mouth (hard palate) or the soft tissue in the back of the mouth (soft palate).
Assumption of risk
Definition:
In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger.
Medical Practice Act
Definition:
A statute of a US state or jurisdiction that outlines the scope of practice for physicians and the responsibility of the medical board to regulate that practice. The primary responsibility and obligation of a state medical board is to protect the public through proper licensing and regulation of physicians and, in some jurisdictions, other health care professionals.
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