Guam’s Bill 82-38, the “Do No Harm: The Anti-Medical Misconduct Act of 2025,” would eliminate the requirement that medical malpractice claims go through mandatory arbitration before reaching court. Currently, Guam law requires a panel of three arbitrators to hear these cases, which can cost thousands of dollars.
Many from Guam's medical institutions came out in protest against Bill 82-38 at its public hearing on June 30. Photo by Skyler Obispo
The Medical Malpractice Mandatory Arbitration Act was enacted in 1991 to address a crisis in malpractice insurance premiums. However, the law has faced criticism for making it difficult for patients to seek accountability. In 2018, David Lubofsky sued doctors after the death of his 5-year-old son, drawing public attention to the barriers patients face under the current system. Critics of the existing law have argued that the law favors health care providers and the system over patients’ rights.
Supporters of Bill 82 say the arbitration process, intended to streamline disputes, has become a barrier to justice. They say allowing malpractice cases to be heard in court restores access to justice, transparency, and the possibility of a jury trial, all of which help safeguard accountability.
Guam’s medical community, including the Guam Medical Association, strongly opposes the bill. Physicians and hospital administrators warn that litigation is more costly and time-consuming than arbitration, potentially driving up malpractice insurance premiums and making it harder to recruit and retain doctors. With Guam already facing physician shortages, opponents argue the bill could further deter medical professionals from practicing on the island. Medical leaders also point to the Medical Malpractice Mandatory Arbitration Fund, which helps patients who cannot afford arbitration costs pursue their claims, aiming to address the financial barrier.
Both perspectives deserve consideration. Patients who have suffered harm need a fair and accessible path to seek redress, while Guam’s fragile health care system must be protected from unintended consequences that could limit care for everyone.
As Bill 82 advances, lawmakers should seek common ground whether by making arbitration more accessible and transparent, or by adding safeguards to prevent frivolous lawsuits. The ultimate goal is a system that is fair to patients and sustainable for health care providers — a system that truly does no harm. mbj
This issue of the paper deals with the realities of life in the islands. We cover everything from a major sporting event in Palau to the life-changing event of securing a driving license to the farming industry and food security.
In this paper, the two stories on drug usage in the Mariana Islands have very different focuses. But sometimes it’s the news team’s privilege and responsibility to go where the story leads, and that is exactly what happened.
