A proposed bill to pressure those bringing suits for medical malpractice to accept settlement offers has died in the legislature:
The idea behind early offers is to speed up medical malpractice cases before screening panels, which are supposed to be a cheaper alternative to litigation, but are being used less and less frequently.
Under the early offer law passed two years ago, the medical provider’s insurance company can make a quick offer to a claimant. If accepted, both the panel hearing and a trial are avoided. But if refused, and the claimant eventually receives less than 125 percent of what was offered, the claimant would have to pay for the defendant’s legal fees. The reform doesn’t seem to have been applied very often, though figures aren’t in yet.
This session’s House Bill 582 started out by repealing the early offer law altogether, but the House passed a version that would have done away with the penalty for refusing the initial offer, as well as limits on the amount for which a claimant would be compensated (though pain and suffering and punitive damages would still be out).
The House, said Rep. Janet Wall, D-Madbury, thought that injured parties are at a disadvantage because they might desperately need the quick cash, even though they would be giving up their rights.
But Sen. Jeb Bradley, R-Wolfeboro, said, “My concern is that in two out of three tort cases, the plaintiff ends with nothing. And something is a lot better than nothing.”