Medical Malpractice Claims Paid in New Hampshire Were $19 Million in 2011

With all the debate over medical malpractice reform and the early offer law in New Hampshire, it would be interesting to take a look at some hard numbers. Such as how many medical malpractice payments are made each year in New Hampshire and the amounts? According to a state-by-state analysis by The Kaiser Family Foundation, which total payments made during 2011 for medical malpractice claims for allopathic physicians (MDs), allopathic interns and residents (MDs), osteopathic physicians (DOs), and osteopathic interns and residents (DOs) (see more on data sources here).

The number of medical malpractice claims paid in NH was 50 in 2011, with an average claims payment of $382,000. That ranks NH 31st on the list of most total dollars paid in claims ($19,100,000). New York, Pennsylvania, Florida, California and Illinois topped the list as the most total dollars in paid claims.

See more on Kaiser's state-by-state medical malpractice claims data at Statehealthfacts.org.

NH Early Offer Med Mal Settlement Proposal Called Bait and Switch

The Nashua Telegraph on April 15, 2012, carried a guest opinion by Attorney David Gottesman regarding the “early offer to settle” proposal contained in Senate Bill 406 now before the N.H. House of Representatives. Early offer to settle, says Gottesman, "is a perfect sound-bite manufactured by medical malpractice insurance carriers to convince the Legislature that there is a better way to resolve medical malpractice claims. 'Bait and switch' may be more appropriate." Gottsman, who is an attorney at Gottesman & Hollis, PA in Nashua, goes on to argue against the bill, summarizing with:

"SB 406 is flawed. It has been rejected coast to coast by states such as Washington and Massachusetts, proving New Hampshire should reject the request to become the new guinea pig of the nation. We just don’t need it."

 You can read his full opinion on the NashuaTelegraph.com here.

NH Considers Early Offer Program to Speed and Reduce Medical Malpractice Claims

The Union Leader carries an article describing a new bill before the New Hampshire Senate — Senate Bill 406: "Establishing an early offer alternative in medical injury claims". The bill "seeks to bypass costly and time-consuming litigation and give patients, providers and attorneys a pathway to a quick resolution."

According to the report by Garry Rayno:

"Under the bill, a patient who believes he has suffered an injury from medical care may request to participate in the early-offer program instead of the [screening panels] system that's already in place. If the provider also agrees to participate, the patient will be guaranteed a payment, Bradley said, though it might not be as big.

A patient who submits a claim under the new system will have to undergo an exam by an independent health care provider as well as submit information about medical costs and lost wages. The participating provider would then respond with an offer of payment based on the severity of the injury, ranging from $1,700 to $117,500 along with lost wages."

For more information, see the full article: Garry Rayno's State House Dome: Bill on injury claims aims to please all