A decades-old law that governs how medical malpractice claims are handled on Guam could soon be rewritten. But the proposal is dividing opinions in both the policy and medical communities.

Doctors and lawmakers are making their voices heard on Bill 82. And the question today is whether this proposed fix to the medical malpractice arbitration system will bring balance or create new risks. Under current law, a malpractice claim must first go through a panel of arbitrators - often lawyers or medical experts - before a case can be brought to court. Senator William Parkinson, the bill’s author, says the goal isn’t to target doctors, but to make justice more accessible.

“This reform is about restoring the promise that if you or your loved one are injured by medical negligence, you will have a fair chance to be heard and to seek justice," stated Senator Will Parkinson. He says a courtroom-based model would be faster, more transparent, and less expensive, requiring only a filing fee, compared to the thousands that arbitration can cost. He says it also strengthens the system by weeding out weak cases early and allowing valid ones to move forward.

David Lubofsky supports the change, saying, “This is about having a fair, affordable system for all medical consumers on Guam to be able to have their claims heard and attempt to become whole again. To protect their rights, improve care, and protect the medical community against frivolous lawsuits.”

But opponents argue that stripping medical professionals from the early stages of the process is dangerous. Physicians like Dr. John Ray Taitano warn that judges may not fully understand the realities of practicing medicine in Guam, explaining, “This bill allows a single judge with little or no medical training to serve as fact-finder, gatekeeper, and even damage awarder without any requirement for medical expertise on the panel.”

Dr. Shadia Constantine, who holds a degree in evidence-based healthcare, likewise opposes the bill. When Senator Parkinson asked, “So just to be clear, as physicians you don’t trust the judiciary to have oversight on this? You don’t trust the courts?” the doctor replied, “I don’t trust that the courts have the expertise and the knowledge to understand the nuances that go into the care of a patient and the decisions that are made when you are providing treatment.”

Attorney Mitch Thompson questioned whether the Guam Judiciary is equipped or resourced to shoulder the full weight of these decisions. “I don’t think anyone is saying that judges are unqualified to make the decision. The question is ‘Who is better qualified to make that decision?’,” he said.

Patients and families who say they’ve been harmed by malpractice shared their stories as well - some describing the loss of loved ones, while calling for a more affordable, inclusive process for all stakeholders.

With emotions running high and questions of cost, expertise, and accountability on the line, the fate of Bill 82 will now rest with lawmakers.