Tort Reform Debate Showcases a Trial Attorney and an Insurance Expert

November 15, 2004

Thursday, November 11, 2004, two legal experts debated the issue of tort reform. The discussion featured trial attorney Gerald Leeseberg and Executive Director of the Ohio Dental Association David Owsiany.

Leeseberg began the debate by defining the problems allegedly solved by tort reform — the medical malpractice insurance crisis and frivolous lawsuits. He suggested tort reform solves neither of these. Medical malpractice suits, Leeseberg said, comprise less than 1 percent of healthcare costs and are rooted in under pricing by insurance companies and stock market losses. He also said that tort reform limits meritorious claims, not frivolous suits.

Owsiany began his statements with the opinion that, “civil justice reform is necessary and good public policy.” He pointed to California where tort reform has imposed a cap of $250,000 on pain and suffering claims. According to Owsiany, California does not have the medical malpractice insurance cost problems seen in other states.

Leeseberg responded noting that California instituted insurance reform at the same time as the cap on pain and suffering claims. He suggested that insurance companies were less likely to under price policies (which can lead to large increases in rates) or to raise rates unreasonably high because of insurance reform, not tort reform.

Leeseberg is a trial lawyer in Ohio. A past president of the Franklin County Trial Lawyers Association, he also has served on the Board of Ohio Academy of Trial Lawyers (OATL) and has served several terms as the Chair of the OATL Medical Negligence Section.

Owsiany is the executive director of the Ohio Dental Association. He also serves as the senior fellow in legal studies for the Buckeye Institute for Public Policy Solutions and previously served as chief of policy for the Ohio Department of Insurance.

The Capital University Law School Federalist Society organized and hosted the debate that was attended by students and faculty.