On Jan. 14, Gov. Taft signed into law Senate Bill 86, which exempts doctors and other providers of free health care from malpractice suits that are not because of “willful or wanton misconduct.” Proponents of this legislature said it will encourage more doctors to provide free care and increase the hours that free clinics can be open to the public. In addition to these potential benefits though, serious problems could result from removing malpractice lawsuits from the table.

Efforts at tort reform, or stopping lawsuits with little legal backing from winning, is important, but reform does not mean there exists a need to remove malpractice suits entirely, even for a small segment of the population.

According to the Institute of Medicine, 98,000 Americans die and another million are injured by preventable medical errors. These errors end up costing $29 billion.

Another argument made by many doctors is that malpractice insurance costs keep going through the roof, but the amount of money actually spent by doctors on insurance premiums compared to their income is a small percentage.

The Medicare Payment Advisory Commission said only 3.2 percent of the average doctor’s revenue is accounted for by malpractice insurance. The commission also noted that total premiums paid rose in 2002 4.4 percent, which is hardly a sign of malpractice costs running amok.

The worst part about removing malpractice lawsuits from free health care in Ohio is that these people are precisely those who need the protection the most. If they are unable to afford health care, how are they going to afford whatever health care might be necessary to repair problems that occur from botched procedures? Removing these lawsuits might also remove a feeling of accountability to these patients; if doctors know they can only be sued for deliberate mistakes, it might make them less careful when dealing with poor patients at free clinics.

However well-meaning it is to aid doctors and other providers of free health care, malpractice suits still serve a purpose in our society; to protect patients from doctors who make preventable mistakes. Those who cannot afford health care should not be out of luck if a doctor screws up.