The Lawyer/Doctor Committee of Toledo Bar Association proudly presented Tort Reform & Other Hot Topics Affecting Health Care, Thursday, May 11, 2006, 5:45 p.m. - 9:00 p.m., at St. Luke's Auditorium, 5901 Monclova Road, Maumee, Ohio.  Accreditation: 3.0 CLE/CME credit hours. 

Gerald Kowalski, Esq. participated in the panel discussion and was one of the prominent speakers. 

The Ohio State Legislature passed sweeping tort reforms affecting medical malpractice claims arising out of injuries occurring after April 2003.  Since that time, additional reforms have been instituted and cases decided which impact medical malpractice claims and health care provision.  For example:

• Complaints for malpractice must include an affidavit of merit by a qualified expert.
• Experts to support a claim must practice in the same area as the defendant.
• New Advance Directive and DNR Order forms were instituted.
• Hospitals can no longer be sued for claimed errors by physicians not employed who are not sued.

In 2006, the Joint Committee of the Toledo Bar Association and Academy of Medicine of Toledo and Lucas County completed revision of the Statement of Principles Governing Certain Physician-Lawyer Relationships (Poster Presentation).  In furtherance of a spirit of cooperation between the professions, author Peter D. Jacobson, JD, MPH, of the University of Michigan, will address the relationship between physicians and lawyers and its affect on health care provision (JAMA 10/05).

Another development which impacts medical malpractice claims, the institution of physician censure of expert witnesses, will be discussed, highlighting the risks and benefits of such measures.

The Agenda was as follows:

Registration and Poster Sessions began at 5:15 p.m.

5:15-5:45     Seminar Registration and Poster Sessions

Poster Presentations:
2006 Revision of The Statement of Principles Governing Certain Physician-Lawyer Relationships
Gerald R. Kowalski, Esq., Cooper & Walinski
Robert E. Kose, MD., JD., President, The Academy of Medicine of Toledo and Lucas County

Ohio Good Samaritan and Related Laws
Pamela A. Borgess, Esq., Zoll & Kranz, LLC

Seminar:

5:45-6:15     Ohio Laws Governing End of Life Decisions 
                      Sharon E. Hollins, Esq., HCR Manor Care

6:15-6:45     Physician Censure for Expert Witness Testimony 
                      James F. Nooney, Esq.,  Eastman & Smith
                      David W. Zoll, Esq.,  Zoll & Kranz, LLC

6:45-7:15     What Have The Courts Done for You? Case Law Update
                      Anthony E. Turley, Esq., Connelly, Jackson & Collier, LLP

7:15-7:30     Medical Tort Reforms Since 2003
                      Jean Ann S. Sieler, Esq., Robison, Curphey & O'Connell

7:30-7:45     Break

7:45-8:15     Lawyers & Doctors, Adversaries or Allies?  Can There Be Cooperation
                      Between the Professions?
                      Peter D. Jacobson, JD, MPH
                      Professor of Health Law and Policy
                      Director, Center for Law, Ethics, and Health
                      University of Michigan School of Public Health
                      Co-author of "Improving Relations Between Attorneys and Physicians" JAMA
                      Oct. 26, 2005

8:15-9:00     Panel Discussion/Q&A, How Tort Reform has Affected the Court Room/
                      Outcomes/Practices
                      Peter D. Jacobson, University of Michigan School of Public Health
                      Robert E. Kose, The Academy of Medicine of Toledo and Lucas County
                      Gerald R. Kowalski, Esq., Cooper & Walinski, LPA
                      James F. Nooney, Esq., Eastman & Smith
                      Jean Ann S. Sieler, Esq., Robison, Curphey & O'Connell
                      Anthony E. Turley, Esq., Connelly, Jackson & Collier, LLP
                      David W. Zoll, Esq., Zoll & Kranz, LLC

9:00              Adjourn

At the conclusion of this workshop, participants were able to:

• Discuss Ohio laws governing limited treatment decisions
• Understand new Ohio Advance Directive and DNR Order Forms
• Describe additional medical tort reforms enacted since the sweeping tort reforms in 2003
• Understand Ohio Court decisions issued since 2003 which impact  health care provision
• Understand benefits & risks of physician censure for expert witness testimony
• Understand the scope and application or Good Samaritan laws governing health care provision
• Understand dynamics and benefits of improved Physician-Lawyer relationships