Guam senators hear emotional testimony as bill would replace mandatory arbitration with court prescreening

Senators on the General Government Operations and Appropriations committee heard more than two hours of testimony June 24 on a bill that would replace Guam's mandatory medical-malpractice arbitration with a judge-run prescreening process and make other procedural changes to how claims proceed.

The bill, described in testimony as a version of measures previously introduced in past Guam legislatures, would require plaintiffs to notify providers 45 days before filing and then submit claims to a court prescreening by a judge rather than to a mandatory arbitration panel. Supporters said the change would lower cost and access barriers for injured patients; opponents and some witnesses warned about insurance-cost and implementation questions.

Supporters said the current arbitration system and required advance fees make it effectively impossible for many patients to pursue claims. Maria Espinosa, a witness who identified herself as the mother of a son who was hospitalized and later died, testified that mandated arbitration and the up-front costs deterred lawyers and left families with little option. "I lovingly took care of my son for 8 years…