Protecting Access to Care Through Civil Justice Reform
This CHA brief provides an overview of the medical liability insurance environment in Ohio, including a look at high jury awards and insurance premiums as well as the laws passed most recently in Ohio that attempt to reign in the rapidly rising rates. For purposes of comparison, the legal environments in two other states that do not share Ohio’s woes – Indiana and Wisconsin – are also profiled.
(Kirstin Craciun and Michele Egan, The Center for Health Affairs, August 2004)
The Court Counts: A Stable Med Mal Environment Benefits All Ohioans
Tort reform legislation passed in 2003 has helped to stabilize Ohio’s medical liability environment. However, additional progress can be made as evidenced by Ohio still ranking 12th in the country for number of medical malpractice claims made in 2008. Given the state supreme court's role as the final arbiter of any challenges to Ohio’s tort reform law, voters are encouraged to educate themselves about the candidates for the Ohio Supreme Court prior to the November election.
(Ohio Hospital Association, March 2010)
Ohio 2008 Medical Professional Liability Closed Claim Report
This report contains information about medical liability claims that closed during 2008 as well as comparisons to closed claims for the previous three years. Of the 3,080 claims that closed in 2008, 73.6 percent closed with no payment to the claimant. Almost half of the closed claims for 2008 were from Northeast Ohio. Since 2005, when tort reform legislation was passed, the number of medical liability closed claims in Ohio has dropped by 40 percent.
(Ohio Department of Insurance, February 2010)
2008 Update on U.S. Tort Cost Trends
Tort costs from medical malpractice claims have decreased in inflation-adjusted dollars since 2004. This report credits tort reforms in various states with contributing to this decrease. However, the authors note that challenges to tort reforms in several states coupled with a growing emphasis on “never events” (serious and costly healthcare errors, i.e. mismatched blood transfusion) could change the recent trends.
(Towers Perrin, 2008)
Summary of Medical Malpractice Law
The law firm of McCullough, Campbell & Lane has transformed often complicated legal language on medical liability laws into clear, written descriptions of the medical malpractice laws for all 50 states and the District of Columbia. Information on statutes of limitations, damage caps, caps on attorney’s fees, patient compensation funds and arbitration are just some of the facts available.
(McCullough, Campbell & Lane LLP)
