Tort Reform Bill Signed Into Law - Senate Bill 281
On January 10, Gov. Bob Taft signed Senate Bill 281 into law, the tort-reform legislation that limits noneconomic damage awards in medical injury lawsuits. Gov. Bob Taft said, "We need these critical reforms to protect and maintain the health-care options of the people of Ohio." The law will be effective in April 2004.
The new tort reform law will:
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Limit court awards for noneconomic damages to $350,000 generally. (The limit could rise as high as $1 million depending on the severity of the injuries and number of plaintiffs involved.) |
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Require attorney contingency fees to be reviewed by a probate court if the fees exceed the noneconomic damage awards |
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Impose a four-year deadline to file malpractice lawsuits, except for cases involving minors and persons of unsound mind. (Previously, the one-year statute of limitations applied only once the injury was discovered, which could be 10, 20 or even 30 years after the injury occurred.) |
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Protect practitioners from having a 180-day notice of claim used against them by insurance companies to increase premiums |
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Allow practitioners to request to pay out damages in excess of $50,000 in a series of periodic payments |
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Strengthen Ohio's current arbitration law with respect to malpractice disputes. |
The Ohio State Medical Association, which supported the bill, says the new law is an important step in assuring Ohio citizens access to quality health care. To rally support for the bill, the OSMA involved thousands of physicians, patients and medical staffs in a variety of grassroots efforts.
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