Ohio Medical Malpractice

On January 10, 2003, Ohio Governor Bob Taft signed Senate Bill 281 of the 124th General Assembly, which became effective on April 10, 2003. Senate Bill 281 is a comprehensive medical liability reform law. A copy of S. B. 281 is enclosed and may also be obtained at http: //www. legislature. state. oh. us/bills. cfm?ID=124_SB_281.

Section 4 of S. B. 281 created the Ohio Medical Malpractice Commission consisting of nine members, to study the effects of the new law, investigate problems posed by and the issues surrounding medical malpractice, and submit a report of its findings to the Ohio legislature within two years after the law’s effective date.

Section 5 of S. B. 281 required the Ohio Director of Insurance to study the feasibility of a Patient Compensation Fund to cover medical malpractice claims. The law required the director to submit a final report by May 1, 2003, to the Governor, the House Speaker, the Senate President, and the General Assembly committees’ chairpersons with jurisdiction over issues relating to medical malpractice liability. The final

report was to include the director’s recommendations for implementing a Patient Compensation Fund, which the General Assembly is to implement not later than July 1, 2003 (Am. Sub. S. B. 281 § 5(A)(2)).

The Ohio Department of Insurance issued its “Final Report on the Feasibility of an Ohio Patient Compensation Fund” as required by the law. The department notes that the decision to implement a patient compensation fund (“PCF”) is a public policy decision left to the Ohio policy makers. The report, therefore, proceeds on an assumption that a PCF will be implemented without advocating for or against it. The report provides the department’s comments and recommendations on PCF eligibility and participation, coverage limits, PCF funding method, and PCF operation and administration.