Ohio Senate Bill 129 stirs up strong emotions among both those who embrace and oppose it. Proponents say that enactment of its provisions will result in better medical care for Ohio residents in emergency conditions. Critics scoff at that notion, contending that passage will bring about increased incidents of medical misdiagnosis, medication errors, surgical mistakes and a litany of other malpractice outcomes.

What SB 129 seeks is this: enhanced legal protection for doctors and other medical professionals delivering care in emergency situations. Specifically, the legislation would protect such persons from liability for the mistakes they make while providing care, provided that they are complying with the requirements of the federal Emergency Medical Treatment and Active Labor Act or acting pursuant to a disaster.

In such a situation, medical personnel would be insulated from lawsuits by simply meeting the threshold standard of not being engaged in willful misconduct.

That is not enough, say critics, who maintain that passage of SB 129 will undermine quality medical care in the state and ultimately drive up costs for taxpayers.

One patients' advocate says that, "We're not going to raise the standard of medical care that people in Ohio get by reducing the responsibilities of the doctors who deliver that care."

Opponents argue that persons who are injured by shoddy emergency care and have no avenue for legal recovery will ultimately have to rely on Medicaid, Medicare, Social Security disability and other programs that are paid for by the public.

A spokesperson for the bill says that its passage will help to put more workers on call in emergency situations, thus improving care outcomes.

The bill is presently in committee and being discussed by state legislators.

Source: Fox 19, "Senate Bill 129 spurs debate between ER doctors and their patients" Nov. 16, 2011