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Taft Signs Medical Malpractice Legislation
COLUMBUS, Ohio -- Gov. Bob Taft today signed into law two bills that proponents of malpractice insurance reform say will help curb rate increases. Signing Senate Bill 187, sponsored by Sen. Scott R. Nein of Middletown, R-4, and House Bill 215, sponsored by Rep. Jean Schmidt of Loveland, R-66, completes two parts of Taft's five-point plan to stabilize Ohio's medical malpractice insurance market."Doctors across the state are facing sharp increases in medical malpractice insurance costs, driving them away from practicing medicine, or driving them out of Ohio," Taft said. "Signing these bills is a good start to stabilizing the malpractice insurance market and keeping good doctors here in Ohio, but it is only a start."SB 187 requires medical liability insurers to provide 60 days notice of cancellations or rate increases by policyholders and provide 120 days notice to the Ohio Department of Insurance if an insurer intends to stop coverage of a specialty or geographic area. HB 215 requires medical malpractice insurers to report costs of defending claims, judgment payouts, settlements and loss adjustment expenses to ODI, allowing ODI and the legislature to gauge how the tort system is affecting medical malpractice premiums. Further, the law requests that the Supreme Court require plaintiffs to file, along with their medical malpractice lawsuits, a certificate (signed by an expert medical professional in the same medical specialty as the defendant) that states how the standard of care was breached and how the breach resulted in injury or death. HB 215 also makes statements of apology, sympathy or compassion by a physician to the alleged victim inadmissible in a lawsuit or arbitration.In April, Taft signed into law HB 282, which authorized Insurance Director Ann Womer Benjamin to establish a new Medical Liability Underwriting Association if the market worsens. As Taft signed the bill, he outlined a five-point plan to address increasing medical malpractice rates. The bills signed today complete two points of the plan. The remaining points include:Legislation to allow doctors to form self-insurance entities in Ohio to better meet their needs;Supreme Court and General Assembly action to establish a process to screen certain medical malpractice claims; andLegislation that creates and funds a patient compensation fund at the earliest possible date."