NHHA LEGISLATIVE UPDATE
March 15,
2004
MALPRACTICE REFORM
This week, the House and Senate will vote on the following bills:
HB 1413,
relative to the creation of mandatory screening panels for
medical injury cases:
NHHA supports HB 1413 as amended by the House Judiciary
Committee. HB 1413 will slow down the rate of increase of
medical malpractice insurance premiums. Modeled after Maine’s
successful panel law, HB 1413 provides a first step in medical
malpractice reform, and will help to keep physician
specialists from leaving New Hampshire to practice medicine in
states where insurance premiums are lower. HB 1413 would
require the parties in a medical malpractice case to
participate in a panel process that encourages early
resolution of the claim. Medical
malpractice cases would go before a three-person panel
that will evaluate the merits of the claim. If the parties
cannot settle their claims after the panel hearing and
decision, they will proceed to trial. When the panel finds
unanimously against the plaintiff (or defendant), he/she has
two options: (1) not to have the findings admitted to the jury
at the trial, but if the party loses at trial, he/she must pay
the subsequent costs and attorney’s fees. Or (2) the party
allows the panel’s findings to be admitted at trial, and
therefore will not be responsible for any subsequent costs.
HB 1413 establishes a legislative oversight committee to
monitor the panel system and recommend further reforms. It
codifies accepted principles of expert evidence to assure that
only reliable expert testimony is offered at trial. This bill
reforms the system to reduce the cost of settling cases, so
that medical malpractice insurance rates won’t force medical
providers out of practice. It will help provide access to
medical care in New Hampshire while helping to reduce the
costs.
To view any of these bills, go to http://www.nhha.org/state_law/bills/bills.php.
