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The New Hampshire House has passed SB 214 which creates an additional process which victims of medical malpractice must go through before having their day in court.  Unless Governor Lynch vetos this legislation, New Hampshire residents with medical malpractice claims will have to submit their claims to screening panels before they can ask for a trial in court.  The new system is almost identical to Maine's current system.

To view the text of this bill, click here.

I opposed SB 214 because I believe that the current system is more efficient, less expensive and requires the use of less court resources.  I also believe that the panel system may very well be determined to be unconstitutional. 

Doctors and Insurance companies supported the bill because the increased delay and expense in pursuing medical malpractice claims will discourage people from bringing them.  They also hope that, since a jury will be permitted to see the panel's determination, the jury will be biased if the panel rules in the doctor's favor.  Understandably, the overarching goal for doctors is to reduce their potential liability for negligence and to reduce their medical malpractice insurance premium rates. 

However, the insurance industry made it very clear during hearings on SB 214 that the panel system will not reduce medical malpractice insurance premiums, but that it is hoped that it will "stabilize" the rate increases.

The New Hampshire Medical Society placed a full page ad in New Hampshire newspapers touting the benefits of SB 214, and stating that trial lawyers were opposing the bill to protect their fees.  Interestingly, the bill does not address attorney's fees.  As for the benefits of SB 214, only time will tell whether the cost to injured patients will be worth it for negligent physicians and their insurers.