Senate Bill 59 would set-up pilots programs in seven Northeast Ohio countries -- where the majority of malpractice claims originate from -- to see whether or not mandatory arbitration could lower malpractice insurance rates. However, the arbitration would be non-binding, and the losing party could still bring the case to a court trial. Dr. John Bastulli favors the measure. At the City Club of Cleveland he said fear of litigation keeps doctors from reporting mistakes, and that drives down the quality of health care.
John Bastulli: If you don't have medical errors reported, then you are stalled in developing the policies and procedures that would advance the practice of healthcare.
But Peter Weinberger from the Cleveland Law Firm, Spangenberg, Shibley & Liber, says Ohio has been down this road before.
Peter Weinberger: Mandatory arbitration didn't work in 1979 when it was first instituted it's not going to work now.
Weinberger says back then, most arbitration cases went to court anyway. He says tort reform established four years ago limiting damage awards has already reduced people's ability to sue for malpractice, and Senate Bill 59 would simply add another layer of obstacles that people face in the court system.
Lisa Ann Pinkerton, 90.3.