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Ohio lawsuit merit rule faces test

A trial court reversed its dismissal of a case and gave the plaintiff more time to file the certificate of merit. Doctors are arguing for stricter enforcement.

By Amy Lynn Sorrel, amednews staff. April 17, 2006.

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Sometimes it's not just the law on the books but how it's implemented that matters. That's the case in Ohio, where physicians say trial courts have been lenient in their treatment of the state's new statute requiring certificates of merit for medical liability lawsuits.

An Ohio appeals court will hear the first case to test the requirement since it went into effect last July. Ohio is one of 24 states with rules mandating testimony by the plaintiff's medical expert at the initial filing of a medical liability case.

The American Medical Association in March filed a friend-of-the-court brief, along with the Ohio State Medical Assn. and the American Assn. of Orthopaedic Surgeons. It asks the court to set a standard for strict enforcement of the requirement.

"We've been in a crisis, and [the Legislature] recognized early on that we needed a multifaceted approach to the problem in terms of access to care," said Almeta Cooper, OSMA general counsel.

If the court allows a looser interpretation of the law, it will "minimize the effect of the rule and erode its importance," said attorney Michael Fuchs, who represents the doctor in the case.

Ohio is one of 21 states the AMA has declared to be in crisis because of rising liability insurance premiums.

"The certificate of merit is important for physicians and patients in helping to eliminate and reduce frivolous lawsuits that are expensive to defend," said Rebecca J. Patchin, MD, AMA trustee and chair of the American Medical Association medical liability task force. As states continue to pursue such reforms, she said, "we would like to see it continue without any loopholes."