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Proposed New Law Ends Jury Trials for Medical Negligence in Ohio

June 16, 2015

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A proposed new law will end trial by jury, instead allowing doctors to judge their peers and determine if their peers did anything wrong. It ends your ability to bring your case to an unbiased, independent jury for determination. House Bill 157 creates a new, huge governmental bureaucracy run by the State where doctors will be appointed by the State to review your medical records, records which are in the exclusive custody and control of the doctor and his staff. You don't even get to tell your side of the story or express how the doctor's mistake changed your life. Only the medical provider, who creates your medical chart, gets to tell the story from his/her perspective.

This proposed new law gives you, as the injured person, six months from the time of the injury or death to file an application naming all the medical providers who participated in the care and caused injury or death. You, as the injured person, must sign authorizations so the State appointed doctors can obtain every medical record ever generated on you, regardless of whether it has anything to do with the injury or death caused by the doctor. You must also submit to a medical examination. You have no right to have anyone advocate on your behalf. You are not permitted to express to this giant governmental bureaucracy how this has impacted your life; the State only hears from the medical provider.  This proposed law lets the fox guard the hen house. The intended effect is to completely eliminate your right to compensation caused by a negligent medical provider. Within six months, you are supposed to know that injury or death was caused by which medical providers and file your application. Your application must name all relevant providers and contain medical records. The medical provider has full control over your records, the content of which can be altered at any time and you have no ability to question or explain what is in the records. The likelihood of getting your records from the medical office within the six months is probably next to zero. If you are able to get records, name the correct parties and get compensation, if you don’t like the amount of compensation, too bad. You have no right to appeal that decision of this new, giant medical bureaucracy.

What You Can Do To Prevent It From Taking Place

This proposed law shields medical providers from the harm they cause. It creates a system that is rigged in favor of a potentially negligent medical provider and against an injured party who may not have the where with all to understand the full impact of his/her injury before the six month deadline. Control of the outcome of this proposed law is in the hands of legislators who market their message of small government to the electorate and campaign on government getting out of the lives of the people. It is not too late to make a difference. Call your state legislators and voice your opposition to this proposed new law.

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