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Ohio med-mal proposals

The Ohio Senate has passed and the House is now being asked to consider S.B. 88, which "would establish a Northeast Ohio pilot program in which all medical malpractice claims would go through a mandatory arbitration process before going to trial." The arbitration panels would consist of dispute resolution professionals and persons conversant in the relevant medical specialty. Interesting tidbit:

Ohio had a voluntary arbitration process in place two decades ago. However, that system did not contain a so-called "loser pays" provision included in the current legislation. Backers of the new measure say the provision means the losing party in arbitration, if it also loses at a subsequent trial, must pay its opponent's legal costs � a strong deterrent to the filing of frivolous lawsuits.

Under the failed arbitration system from the 1970s and '80s, plaintiff attorneys would take a "dive" and lose arbitration on purpose just to get to trial, said Mike Wise, a McDonald Hopkins Co. LPA attorney and lobbyist for the Academy of Medicine.

(Crain's Cleveland Business; via Kevin Pho).



Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute

Katherine Lazarski
Press Officer,
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.