Tag Archives: Ohio

Ohio Court Rules Statute of Repose Portion of 2003 Medical Malpractice Tort Reform Unconstitutional

side note: This is a ruling that could have significant impact on the cost of medical liability insurance in Ohio. In this case, an appellate court found that the state’s statute of repose was unconstitutional. Like a statute of limitations, a statute of repose imposes a deadline for filing a claim. In Ohio, the statute of repose says that if a plaintiff has not discovered an alleged negligent act after four years, they cannot sue. The appellate court ruled  the statute of repose unconstitutional because “it bars the claim before the plaintiff could have reasonably known one existed.”

Tort reform proponents argue that the statute of repose is necessary to establish actuarial predictability, which in turn allows medical professional liability insurers to anticipate claims volume and keep physicians’ premiums down. Without the statute of repose, Ohio doctors will be exposed to unending lawsuits. This is a case almost certain to reach the Ohio Supreme Court.

The Ohio State Medical Assn. and others are asking the Supreme Court of Ohio to review a lower court’s ruling they say exposes physicians to an endless risk of negligence claims.

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5th Annual Ohio Professional Liability Closed Claim Report

Side Note: The Ohio Department of Insurance has issued their fifth annual Ohio Medical Professional Liability Closed Claim Report. The data is collected from organizations in Ohio that provide medical liability insurance to health care providers and health care institutions in Ohio. Such organizations are required by law to file this medical liability information with the state. The report detailed 3,344 claims that were closed in 2009 by 99 entities. This number is up from 3,080 medical liability cases closed in 2008.

Interestingly, only 24 percent, or 802 closed claims, resulted in payments to a claimant. The average payment was $322,158. This number is slightly higher than the average payment recorded over the past five years, which is $287,931. Although most cases didn’t result in claim payments, they did result in expenses associated with investigation and defense of the medical liability case. This amount averaged $39,350 –again up from the 5-year average of $32,071.

If you would like to lower your physician liability rates in Ohio, please fill out our free, no obligation quote form.

Department Issues Fifth Annual Ohio Medical Professional Liability Closed Claim Report


COLUMBUS – The Ohio Department of Insurance has issued its fifth annual Ohio Medical Professional Liability Closed Claim Report, Director Mary Jo Hudson announced. Data collected from entities providing medical professional liability coverage to Ohio health care providers and health care facilities shows a total of 3,344 medical professional liability claims were closed in 2009. Claims that generated an indemnity payment, which is the amount of compensation paid on behalf of each defendant to a claimant, averaged $322,158 per closed claim.

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Reporting surgical fires could improve patient safety in Ohio, experts say

side note: transparency and risk management have long been suggested as a means of lowering medical accidents. The Cleveland Clinic is correct. Accountability and a sharing of mistakes would go far in preventing future mistakes.

When fire breaks out and burns a patient during surgery in Pennsylvania, the hospital is required by law to report the incident to the state Patient Safety Authority.

If a similar surgical fire ignites in New York or California, the hospital must notify the state health departments there.

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And if the same thing happens in Ohio?

The hospital doesn’t have to tell any state agency.

That lack of reporting, experts say, hurts all of us.

That’s because getting the word out about medical errors keeps patients from being injured, cuts down on medical malpractice lawsuits and, in the end, reduces unnecessary health care costs.

“Medical error reporting, in general, helps change clinical practice for the better and helps improve patient safety,” said Mark Bruley, a researcher who has been publishing articles on the causes and prevention of surgical fires for more than 30 years.

On April 30, officials at the Cleveland Clinic confirmed that six fires had broken out in operating rooms in the 12-month period that ended in March.
Patients suffered “superficial burns” in three of the fires, they said. And no one was harmed in the other three.

Lawsuit proof in Ohio?

side note: This is a very interesting ruling out of Ohio

An Ohio Supreme Court ruling has limited a patient’s opportunity to sue for medical malpractice based on where the treatment occurred and who was present for the treatment. In Theobald v. University of Cincinnati, the Court ruled that when a physician is negligent in treating a patient, the physician will be immune from liability as long as a medical student or resident was present during the treatment. Basically, under these circumstances, the physician is legally considered to be a state employee acting within the scope of his or her employment, and therefore is immune from civil liability.

This article originally appeared on Lung Cancer News Today. It has been removed by we will archive it here.