Patients, prepare for off-island care
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Guam Seventh-day Adventist Clinic recently notified patients that they might have to travel off-island for specialized treatment as senators consider changing the island’s malpractice law.
Bill 112 would repeal the Guam Mandatory Medical Malpractice Arbitration Act. The law, enacted in 1991, requires medical malpractice claims to go through a three-person arbitration panel, but opponents say that the requirement costs are too high. The bill would repeal that requirement and instead have claims screened by a magistrate judge.
“The measure is intended for those harmed by medical negligence who cannot afford mandatory arbitration while ensuring confidential screening and protection of doctors against frivolous claims,” Speaker Therese Terlaje wrote when she announced a series of hearings for the bill.
In preparation for a possible change to the law, SDA clinic “has had to make a very difficult decision to begin to take actionable steps to focus the care delivered at the clinic to the strict scope of practice of our trained staff,” according to the June 15 letter.
“Some of our patients, possible you, might not be able to receive some of the highly complex care you need through the clinic,” the letter stated. “Rather than providing this care at the clinic, we are left with no other option to refer subspecialty care to specialists. For many of you, this will mean that you may have to travel off-island several times every year to receive your specialty care.”
Because medical care on Guam is limited, doctors at the clinic “do their best to meet your complete clinical needs. At times, the doctors must provide subspecialty care. On the U.S. mainland, many of the subspecialty cases would be referred to a subspecialist,” the letter stated.
News:Mandatory malpractice arbitration law, potential fix compared at hearing
Opinion:Our View: Repealing medical malpractice arbitration requirement is not the solution
Like many medical providers on island, the clinic has stated it is opposed to the change in the law.
Last week, in a statement withdrawing her support for the bill, Vice Speaker Tina Muña Barnes included a letter signed by 447 doctors, nurses and other medical providers opposing the bill.
On May 7, the employees of FHP Health Center and TakeCare insurance also issued a statement opposing the bill, stating that the measure “will make it more difficult if not impossible to look for providers and specialists to move and practice in Guam.”
On June 7, employees at Sagua Managu wrote that “while in theory, repealing the mandatory arbitration law seems like it will create affordable access to a fair trial for patients or families who feel they have been medically mistreated, the big picture and negative consequences for Guam’s fragile and low resource healthcare system needs to be understood. This bill will lead to a decrease in the number of providers willing to stay on island or wanting to come to the island.”
An informational hearing on the bill was held Wednesday, and public hearings are scheduled from 5 to 8:30 p.m. July 7 and 12.
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