Medical Malpractice Legislation in NH Under Revision

Kevin Landrigan of the The Nashua Telegraph lays out the goings on regarding NH's early offer medical malpractice law that went into effect last year. Now it looks like an effort is in the works to rewrite the law, which Landrigan calls "one of the most heavily lobbied bills during the Republican-dominated Legislature in 2011-12."

Writes Landrigan,

"The clear advantage for the medical community is the early offer doesn’t include any court-awarded damages for pain, suffering and loss of companionship that can significantly enhance any judgment by a jury. Once they enter into those talks, if it goes to trial and they fail to get 25 percent more than what they were offered to settle the case, the 'victim' has to pay all legal fees. The change would strike all references to losing legal fees for the person who was injured, and also wouldn’t recognize any waiver of the rights to sue, which is signed within 60 days of the incident." 

 Please continue to read about this issue in "The Landrigan Report."

More on Medical Malpractice Panels and the Landry Case

The Clinical Advisor carries an article on the recent medical malpractice trial in which the jury overruled the opinion of the medical malpractice panel. (The case of 36-year old, William Landry, Jr., who sought treatment after two fainting spells in 2004.)

"In 2007, New Hampshire began using medical malpractice panels that consist of a retired judge, a physician and a lawyer. The panel hears evidence in private and does not have to follow typical court rules. Malpractice panel decisions are not binding, and plaintiffs can still seek a jury trial. The process is designed to promote settlement to ease the burden on the court system. If a malpractice panel reaches a unanimous decision, it is presented to a jury for a final decision."

"Malpractice panels have been popular with insurance companies and within the healthcare field, but trial attorneys view them as an additional step that makes it more difficult and costly for plaintiffs to bring a case to court. The malpractice panel law was enacted in 2005, but was not utilized in New Hampshire until 2007." 

 See the full article at: ClinicalAdvisor.com

Medical Malpractice Panel Overruled by NH Jury

As reported in the Union Leader in June, a Hillsborough County jury disregarded the findings of the state medical malpractice panel, to find in favor of the plaintiff in a cardiology death lawsuit.

"The verdict was the first time that a jury snubbed the unanimous decision of a medical malpractice panel, said Joseph McDowell, the Manchester lawyer who brought the case against Dr. Alan Gartska and his practice, NH Cardiology Consultants."

See the full article here: Jury overrules panel, awards malpractice verdict in son's death

Exeter Hospital Denies Liability in Hepatitus C Outbreak

Foster's Daily Democrat reports on Exeter Hospital and the hepatitus c outbreak. The hospital is a defendent along with three co-defendants related to the recent infections that have resulted in more than two dozen malpractice lawsuits from former patients.

According to the report, a summary statement reads:

“The hospital denies liability and maintains that it is not responsible for Kwiatkowski's criminal actions.” The statement was filed by the hospital's attorneys at the Nelson Kinder + Mosseau in Manchester, NH.

Click here for a full archive of articles by Foster's on the Hep C outbreak.