Bill would make medical malpractice lawsuits more accessible to residents

Residents looking to file lawsuits for medical malpractice could see it become more accessible if a recently introduced bill becomes law.

Speaker Therese Terlaje and Sen. Telo Taitague introduced Bill 112-36 which would replace Guam's Medical Malpractice Mandatory Arbitration Act with a pre-trial proposal.

Currently, the arbitration law requires individuals claiming to have been victims of medical malpractice, to first arbitrate their complaint before filing in court. However, most residents aren't able to afford to cost of arbitration, making it almost impossible to seek a malpractice lawsuit.

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Costs of arbitration on top of the cost of a potential trial have deterred the filing of claims by those who can’t afford the upfront costs, a release from Terlaje's office stated.

Mirroring Bill 430-35 by Speaker Terlaje and Senator Taitague, Bill 112-36- which is cosponsored by Senators Joanne Brown, Tina Muña Barnes, V. Anthony Ada, Joe San Agustin, Chris Duenas, Telena Nelson, Clynt Ridgell, Amanda Shelton, Jose “Pedo” Terlaje, and Sabina Perez – allows a claimant (plaintiff) to file their claim in court where a magistrate judge is responsible for determining whether there is evidence to support the conclusion that a healthcare provider (defendant) failed to comply with the appropriate standard of care.

The judge may consider expert testimony, and shall keep the complaint, proceedings, and opinion sealed until 30 days after issuance of opinion; however, the judge may order the opinion sealed temporarily for an extended period or permanently upon agreement by the parties if a trial is not pursued.

Findings of fact and decisions made by applicable licensing boards on the same subject of the complaint may be considered by the judge. Either party may pursue their right to a jury trial within 30 days after the judge renders his or her opinion by notifying the court of the party’s intent to proceed to trial, the release stated.

Parties may at any time make a motion to the magistrate judge to hold proceedings in abeyance upon mutual consent, while they submit their dispute pursuant to the provisions of either the Guam International Arbitration Law or Guam’s Mediation statute.

Claims against any defendant for $20,000 or less may be exempted from the new legislation if they are filed with the Small Claims Division upon mutual consent of the parties.  Additionally, claims against the government of Guam and its agencies are governed by the Government Claims Act and not by the new legislation.

“Following three oversight hearings, introduction of Bill 430-35 in the previous term, and follow-up discussions with stakeholders, Senator Taitague and I have been working diligently, to consider alternative pre-trial procedures used in other jurisdictions to draft viable and balanced legislation for Guam that takes physician concerns into account yet provides some justice for those patients who cannot afford arbitration,” Speaker Terlaje stated.

The bill represents many months of research, information hearings, and discussions with families of medical malpractice victims, healthcare providers, and medical malpractice insurance providers, Taitague said.

"The measure protects a victim’s right to legal action while ensuring that a medical malpractice complaint is properly reviewed before moving forward through the court system, mediation, or arbitration,”  she said.

The 35th Guam Legislature held a series of informational hearings on Guam’s medical malpractice arbitration act, which brought to light concerns from families about the high cost of the arbitration process.

Senators also heard the concerns from doctors that a repeal of current law may increase frivolous lawsuits.

This article originally appeared on Pacific Daily News: Bill would make medical malpractice lawsuits more accessible to residents