A second round of public hearings were held on Tuesday to hear the concerns of both those for and against Bill 112. The measure seeks to change the controversial mandatory medical malpractice law, which has the community divided. It’s a bitter battle for both those seeking answers to medical negligence and for the doctors being blamed.

Those for and against a bill by Speaker Therese Terlaje seeking to amend the controversial Mandatory Medical Malpractice Arbitration Act, airing out their concerns during a pair of public hearings.

David Lubofsky said, "I won’t spend time on my story. As you all by now are familiar with my son Asher. But are you familiar with the hundreds of other medical negligence stories?" 5-year-old Asher Lubofsky’s sudden death back in 2018 led to his father pushing to appeal the arbitration law. He’s one of many who support the bill saying the current mandatory arbitration law is costly and hinders the filing of malpractice claims by those who cannot afford the costs.

"This will change with Bill 112-36 using the mandatory pre screening process with a judge in lieu of the expensive arbitration Mandatory Medical Malpractice Arbitration Act," he said. The bill would enact a case screening system where a magistrate judge overlooks the malpractice claims, in place of an arbitration panel.

But health care professionals uniting in opposition say the measure will open a floodgate of frivolous claims filed against them, leading to doctors unwilling to work in Guam. "I strongly believe that Bill 112 will have a flooding of frivolous claims. I truly do," said pharmacist Karen Song. She's speaking out, but she says it feels like deja vu with senators not hearing the medical community's concerns.

"So the last time we were here at this very room, and you heard all of us saying pretty much the same thing we’re saying tonight, I was like yes, they heard us. But then a few days ago I got this I was actually shocked," she said.

Song joined others gathered outside of the legislature like Dr. Alexandra Leon Guerrero. She urges lawmakers to look at what they say is the real issue, adding is not about the process of arbitration, but about the cost. "Then why don’t the lawmakers focus on fixing the cost problem?" she stated.

"I know for a fact that many in the medical community have approached lawmakers and offered various solutions to this end. Exploring and creating ways to lower the cost of arbitration is a solution to the core complaint of those against the current law while simultaneously protecting the fragile healthcare system we have on this island."

Over a dozen doctors arguing their case for more than six hours, pleading for senators to hear them and taken them seriously.