COLUMBUS, Ohio — The Ohio legislature will likely consider two bills this year that would make it harder to sue emergency physicians, OBGYNs and pediatricians.
One bill was recently proposed: a measure that would make it harder to sue emergency department physicians. The legislation also protects from most civil suits doctors who help during an emergency situation such as a flood, earthquake or tornado.
Interest groups also hope to see a second piece of legislation later this year that would cut the time a physician is liable for the treatment of a child. Currently, physicians could be sued over treatment until the child turns 19. An upcoming proposal will seek a statute of limitations somewhere between 8 to 12 years, said Jeff Smith, director of governmental relations for the Ohio State Medical Association.
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“While Ohio has done much to address the medical liability climate in the state, there is still more that needs to be done,” Smith said.
These two items may be simpler to pass than what could come later. One concept Ohio physicians groups want — but that won’t make it during this legislative session — is a medical court designed solely to address medical malpractice.
The American Medical Association offered a formal health court proposal (pdf) in 2007, and organizations including the Robert Wood Johnson Foundation have offered grant money to conduct pilot projects to test the concept. But health courts have also been lambasted as an idea advanced by snobs that essentially undermines the jury system.