Controversial Medical Malpractice Bill is Passed

New Hampshire is the first state to pass a medical malpractice reform bill which works to give incentives for pre-trial settlements. Governor John Lynch had vetoed the bill stating that it "lacks certain fundamental safeguards that are necessary to protect injured patients." Proponents felt that the bill will help lower malpractice insurance rates and make it more possible for plaintiffs to get a much needed settlement for their injuries more quickly. The state legislature passed the bill despite the Governor's veto.

The bill lays out incentives for defendants to offer early settlement offers as well as giving what may be viewed as litigation deterrents. The settlement offer is intended to be of an amount that would cover medical costs, lost wages and "modest allotment" for pain and suffering. A plaintiff accepting this offer would be able to receive the compensation relatively quickly without going through a trial which could result in them getting nothing.

On the other hand, if the defendant chooses to go to trial or if the plaintiff refuses the settlement, the bill requires that the loser in the litigation action become liable for legal fees for the other side. Another controversial point of this new bill could also affect the plaintiff even if they do win after trial. If they do not win an amount that is at least 125% of the early settlement offer, they would be responsible for the defendant's legal costs within reason. This aspect of the bill could put the patient who is a victim of medical malpractice at a serious disadvantage. Do you have questions concerning a malpractice case? Consult with a medical malpractice attorney right away.

Talk to a New Hampshire Medical Malpractice Lawyer

Medical malpractice cases can be very complicated, especially in light of this new state legislation. That is why it is so important that you discuss your case as soon as possible with a knowledgeable medical malpractice lawyer. Mulvey, Cornell & Mulvey believes that victims of a medical mistake should get ample compensation for all damages. We have obtained substantial compensation for our clients to cover medical bills, continuing treatment, loss of wages, lost earning potential, pain, suffering and more.

We understand that the last thing you want to deal with after being injured or becoming ill is a stressful legal proceeding. That is why we do everything possible on our client's behalf to relieve the burden and look out for their best interests. Contact our dedicated firm today to find out if we can help you with your case!