03/14/2025

OSMA Fights for Physician Autonomy; Helps Achieve Legal Win for Physicians in Lorain

Protecting the integrity of the physician/patient relationship and the independent medical judgement of physicians is a top priority for OSMA, and this came to light in recent challenges faced by physicians at Mercy Health in Lorain, Ohio. 

These events with the physicians at Mercy Health and the City of Lorain illustrate the challenges physicians face when their professional expertise and ethical obligations are placed under undue external pressure by non-medical experts. These situations can have profound consequences not only for physicians but for the patients and communities that depend on their care.

The reality is challenges on medical autonomy and patient care are constant. That’s why it’s more important than ever for physicians to unite with groups like OSMA and others in organized medicine to affect change and protect independent medical judgement. Read on to learn more about how OSMA is supporting and protecting Ohio physicians.

Background:

On August 10, 2024, physicians at Mercy Health – Lorain Hospital Emergency Department were presented with a request from the Lorain Police Department to perform a manual rectal examination on a detainee to retrieve a suspected foreign object, presumed to be drugs. After conducting appropriate diagnostic imaging, these physicians determined that proceeding with the requested procedure posed significant medical risks, including the possibility of a fatal outcome. Acting in accordance with their medical training, ethical responsibilities, and the principle to "do no harm," they refused to comply with the request.

On August 12, 2024, law enforcement returned with a warrant that directly named individual doctors and threatened criminal charges if the physicians did not comply. The physicians again refused, and law enforcement filed a criminal complaint against Mercy Hospital and the physicians to charge the physicians with contempt. A hearing was scheduled by the judge on February 27, 2025. Meanwhile, the City of Lorain terminated its police force agreement with Mercy Hospital, effectively dismantling the hospital’s on-site police department. This decision left the hospital without its dedicated security force, creating significant challenges in maintaining a safe environment for patients, staff, and visitors.

The Lorain County Medical Society enlisted OSMA for support, expressing deep concern for the physicians who faced legal action for refusing to comply with a medically unsafe and ethically questionable procedure.

OSMA responded by sending a letter of support for the Lorain County Medical Society and the physicians involved in this case. The letter underscores OSMA’s commitment to our local medical societies and individual physicians while ensuring that physicians’ rights are protected and that their ability to provide ethical, patient-centered care is preserved. As indicated in the letter, OSMA was prepared to continue its support at the appellate level through filing its own briefs, should that need arise.

Fortunately, following letters of support from OSMA, the Lorain County Medical Society as well as the American College of Emergency Physicians (Ohio ACEP), the prosecutor dismissed the case as part of an agreement between the City of Lorain and Mercy Hospital and the physicians. This agreement was a result of a federal lawsuit that Mercy Hospital and the physicians filed against the City as a response to the local criminal complaint.

The Importance of the Existence of Organized Medicine and OSMA

While this case ended with a positive outcome for the physicians and health system involved, it underscores the importance of safeguarding physicians' ability to make decisions rooted in their independent medical judgment. A physician’s clinical expertise, combined with their commitment to ethical care, is the foundation of medicine. No healthcare provider should be forced to perform a procedure that they believe to be unsafe, unethical, or contrary to professional standards. Threatening physicians with legal or administrative repercussions for prioritizing patient safety and adhering to ethical guidelines is an unacceptable assault on the medical profession.

OSMA stands unequivocally with Ohio’s physicians, especially when it concerns patient safety and medical judgment. We recognize their courage in upholding the highest standards of care, even under immense external pressure.

It is a priority for OSMA to advocate for legal and policy protections that defend the rights of physicians to exercise their medical judgment. We are working daily with legislators, stakeholder organizations, and community leaders to ensure that all physicians can provide care in a manner consistent with their medical expertise, ethical principles, and responsibility to their patients.

With the need for trust in medicine at an all-time high, Ohio physicians must have a united voice to ensure safe, ethical and compassionate care. Contact OSMA if we can support you or if you would like to help us protect one of the most important principles in healthcare: trust in the physician’s judgment.