By Spencer Hunt
Enquirer Columbus Bureau

COLUMBUS - Republican lawmakers looking to solve Ohio's medical malpractice problems agree they will do something soon.

But with time running out in this legislative session, it's unclear what that will be.

MALPRACTICE PLANS

House and Senate Republicans differ on key components of medical malpractice reforms: Award limits House: Judges would limit jury awards for nonpermanent injuries to no more than $500,000. Cases involving permanent or catastrophic injuries would be capped at $1 million, or $15,000 a year for the life expectancy of the victim, whichever is more. Senate: Juries could award no more than $500,000 for nonpermanent injuries. In cases involving permanent or catastrophic injuries, juries could award no more than $750,000, or $35,000 a year for the life expectancy of the victim, whichever is more. Statute of limitations House: Malpractice plaintiffs must file their lawsuits within four years of their injuries or missed diagnoses. Plaintiffs who discover their injuries or medical instruments left sewn in their bodies after the four-year limit would have a year to file their claims. Senate: Malpractice plaintiffs would face a four-year limit to file claims, with no exceptions. Lawyers' fees House: No limits. Senate: Lawyers could collect up to 35 percent of the first $100,000 recovered, 25 percent of the next $500,000 recovered and 15 percent of any amount over $600,000. The limits apply whether the money is awarded through a settlement, arbitration or through a jury award. State compensation fund House: The bill orders the Ohio Department of Insurance to study ways to create a state fund that would pay a portion of all future malpractice awards. Ohio residents could pay into the fund through their insurance policies, along with health care providers. Senate: No compensation fund. Source: Legislative Service Commission, House Republicans.

The Ohio House voted 64-33 Tuesday night to pass a bill that would limit how much juries can award in malpractice lawsuits. It also would order state insurance officials to examine a plan that could tax Ohioans to help pay for these often expensive verdicts.

The bill's GOP House sponsor called it a life preserver for doctors struggling to pay malpractice insurance rates that jumped 20 percent to 60 percent this year. Doctors and insurance officials say ever-increasing malpractice settlements and jury awards are to blame.

Republicans who control the House and Senate are still split over many key details of their relief plan. Hours before the bill passed the House on Tuesday, Senate Republicans blasted it as too generous and too expensive for taxpayers.

Senate President Richard Finan, R-Evendale, called the proposal that would look into setting up a state fund to help pay malpractice insurance claims unacceptable. That signals a new round of rushed negotiations on the plan this week.

"It's going to be a problem because it creates a taxpayer-funded pot of money," Mr. Finan said.

Other Republican senators said the bill would give too much money to plaintiffs and their lawyers.

The House plan would limit jury awards in cases involving non-permanent injuries to no more than $500,000. Cases involving catastrophic injuries would be limited to $1 million or $15,000 a year over the victim's expected life span, whichever is higher.

A Senate version of the same plan would have capped catastrophic injury awards at $750,000.

While Senate Republicans would give all medical malpractice victims four years to file a claim, House Republicans included two exceptions that would let lawsuits be filed within a year after victims discover a medical mistake or a surgical instrument left sewn in their bodies.

"I'm concerned about these (House proposals) and whether they would actually work to lower medical malpractice premiums," said Sen. David Goodman, R-Bexley, sponsor of the Senate plan.

A compromise must be reached quickly. House Speaker Larry Householder, R-Glenford, said he plans to send lawmakers home by Friday.

E-mail shunt@enquirer.com