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Early Offers For Medical Injury Claims IN New Hampshire

February 20, 2013


A Bill has been introduced this session repealing RSA 519-C which was supposed to serve as   an alternative to litigation. The Early Offer Statute which survived a veto by then Governor Lynch seems to be opposed by both Medical Malpractice Insurers and Attorneys representing injured persons. This concept has been rejected by every other jurisdiction in the United States where it has been proposed. The Law severely limits damages and proscribes penalties against persons who elect to sue because they feel the offer is not satisfactory with no corresponding penalty against hospitals and medical providers  if the award is greater that the offer . Medical Malpractice Insurers are also unhappy with the law. It has no provision for paying off insurance companies that want to recoup disability payments made to victims of malpractice. And an insurance company that settles a malpractice claim can’t go after other health care providers whose conduct may have contributed to the patient’s injury.

I think it’s not too early  to say bye bye to the Early Offer. 

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