A proposed change to Guam’s medical malpractice law is drawing concern from the island’s physicians, who say the bill moves too fast and does more harm than good. 

It’s being called the “Do No Harm” Act, but Guam's healthcare community says Bill 82 could do exactly that: Harm patients, providers, and the stability of healthcare on the island.

Authored by Senator William Parkinson, the bill aims to end mandatory arbitration in medical malpractice claims and replace it with a court-based system, arguing that arbitration is too expensive and slows the flow of justice for victims of malpractice.

“You’re saying that we have robbed people of their right to sue, to go to the court system and get redress. That doesn’t work! It destroys healthcare systems across the nation,” said Dr. Vincent Akimoto. 

For decades, Guam has required malpractice claims to go through arbitration first, a system intended to be faster and cheaper than court.

And there’s a fund, the medical malpractice mandatory arbitration fund, in place to help families pay for it.

“We provide a certain fund for those patients to access the process of arbitration at no cost to them,” added Dr. Hoa Nguyen. 

“This bill won’t speed things up. It could actually destabilize our entire healthcare system,” said Dr. Jonathan Thorp 

The Guam Medical Association says they’ve seen this bill before as it’s nearly identical to Bill 112, which was introduced by the 36th Guam Legislature, except this time, doctors, nurses, and even the courts were left out of the conversation.

“We are here today, and will be on Monday again, to provide testimony on a bill that hasn’t been properly researched, vetted or written,” said Carla Haddock, a nurse practitioner at GRMC. 

“Medical outcomes, just like policy outcomes, are best achieved when we listen and talk to each other,” added Dr. Edison Manaloto. 

The hearing for Bill 82 is set for Monday, during the busiest time of the week for clinics.

Some providers are cancelling appointments just to show up and be heard. 

To many, the bigger worry isn’t about politics, it’s about ensuring patients get the care and justice they deserve, while also ensuring Guam doesn't lose the few medical professionals left that the island desperately needs.

“So let’s fix the problems we have with the underfunded, understaffed medical boards and other health professional licensing boards here on Guam,” said Thorp.

“We’re not up here saying that everybody’s perfect, that we don’t have a few bad providers. We want justice against those people too,” added Haddock. 

“Politics should not get in the way of the care of the people of Guam,” said Nguyen.