HB 203 – AS INTRODUCED

2009 SESSION

09-0389

09/01

HOUSE BILL 203

AN ACT eliminating the requirement that the trial judge present unanimous findings of the screening panel to the jury in medical injury actions.

SPONSORS: Rep. Nixon, Hills 17

COMMITTEE: Judiciary

ANALYSIS

This bill eliminates the requirement that the trial judge present unanimous findings of the screening panel to the jury in medical injury actions.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0389

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT eliminating the requirement that the trial judge present unanimous findings of the screening panel to the jury in medical injury actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings, Purpose, and Intent. Amend RSA 519-B:1, I to read as follows:

I. Availability and affordability of insurance against liability for medical injury is essential for the protection of patients as well as assuring availability of and access to essential medical and hospital care. This chapter affirms the intent of the general court to contain the costs of the medical injury reparations system and to promote availability and affordability of insurance against liability for medical injury. Claims for medical injury should be resolved as early and inexpensively as possible to contain system costs. Claims that are resolved before court determination cost less to resolve than claims that must be resolved by a court. Meritorious claims should be identified as quickly as possible, as should non-meritorious claims. Defendants should consider paying or compromising meritorious claims and plaintiffs should consider withdrawing or compromising non-meritorious claims, as soon as the merits of the claims are known to the parties. Presentation of claims to a medical review panel is intended to help identify both meritorious and non-meritorious claims without the delay and expense of a court trial. It is essential to the effectiveness of the panel process that panel proceedings be confidential unless and until a matter heard by a panel proceeds to trial. [It is equally essential to the effectiveness of the panel process that a panel's unanimous findings be presented to the jury in any matter that is not resolved prior to trial.] The panel process will encourage the prompt resolution of claims, because both sides will be given an objective view of the merits. If the panel finds that a claim has merit, the defendant will be more likely to pay the claim or negotiate a compromise that is favorable to the claimant. If the panel finds that the claim lacks merit, the claimant is more likely to withdraw the claim or accept a nominal settlement.

2 Confidentiality and Admissibility. Amend RSA 519-B:8, I(b) and (c) to read as follows:

(b) [If the panel findings as to both the questions under RSA 519-B:6, I(a) and (b) are unanimous and unfavorable to the defendant, the findings are admissible in any subsequent trial of the medical injury case.

(c)] If the panel findings of a majority of the panel as to any question under RSA 519-B:6, I are [unanimous and] unfavorable to the plaintiff or to the defendant, the findings are admissible in any subsequent trial of the medical injury case.

3 Mandatory Instructions. Amend the introductory paragraph of RSA 519-B:9, I to read as follows:

I. When panel findings are offered and admitted into evidence in a subsequent court action in accordance with RSA 519-B:8, I(b) [or (c)], the trial court shall provide the following information to the jury to provide a basis for the jury to understand the nature of the panel findings and to put the panel findings in context in evaluating all of the evidence presented at the trial:

4 Effect of Panel Findings. Amend RSA 519-B:10 to read as follows:

519-B:10 Effect of Panel Findings. [Unanimous] Findings entered by the panel under RSA 519-B:6, I shall be implemented as follows:

I. If findings are in the plaintiff's favor, the defendant shall promptly enter into negotiations to pay the claim or admit liability. If liability is admitted, the claim may be submitted to the panel, upon agreement of the parties, for determination of damages. If the claim goes to a trial, the findings of the panel are admissible as provided in RSA 519-B:8, I(b).

II. If the findings are in the defendant's favor, the plaintiff shall release the claim or claims based on the findings, without payment, or be subject to the admissibility of those findings under RSA 519-B:8, I[(c)](b).

5 Reports. Amend RSA 519-B:12, I(d) to read as follows:

(d) The report required by this paragraph shall also include, for medical injury cases in which a panel made findings during the fiscal year, the number of cases that fell into each category of possible results of a panel hearing ([unanimous for the plaintiff;] majority for the plaintiff; [unanimous for the defendant;] majority for the defendant), the status, and, if applicable, the results of the cases in each category.

6 Effective Date. This act shall take effect January 1, 2010.