Coughlin Rainboth Murphy and Lown. NH Medical-Malpractice Lawyers.

New Hampshire legislators offer malpractice curbs.

The New Hampshire Union Leader (3/16, Siefer) reported, “Senate lawmakers on Thursday unveiled a bill aimed at reducing the time and expense of medical-malpractice lawsuits. The bill is encountering resistance, however, from patient advocates and trial lawyers, who say it favors insurers and hospitals.” The measure (SB 406) would give medical providers 90 days to make an “early offer” settlement based on medical costs and lost income, with pain-and-suffering damages capped between $1,700 to $117,500, depending on the severity of injury. Plaintiffs who reject such an offer would have to prove their case under the higher standard of “clear and convincing” evidence. The New Hampshire Association for Justice is backing an amendment to remove the higher burden of proof for plaintiffs who reject an early offer.