“Early Offer” Alternative to Medical Injury Litigation

A word or two from Jim Cameron, President, Cameron & Associates:

Interesting!  New Hampshire has adopted a new medical malpractice injury claim procedure.

The claimant would present an “early offer” to a facility or service provider they deem responsible for the injury. The offer would be based on specific defined criteria of “actual out of pocket medical expenses make an offer based on the actual out-of-pocket medical expenses, replacement services … and 100 percent of the claimant’s salary, wages, or income from self-employment or contract work lost as a result of the medical injury. There is also an allowance for some attorney fees or court costs. It is not intended to be a complete settlement as pain and suffering and the more contentious aspects of a claim are NOT included. Some payments can be made on a schedule for selected injury types. The tort system could still provide the ultimate resolution and this is not intended to replace the tort system but merely supplement it.

The process has its own adjudication rules and is completely voluntary on both sides.

This will be a state to watch in 2013 when this takes affect.

Read this article for more information on this program.

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