Local Law Blogs

The New Hampshire House passed a bill yesterday that established a review process for medical malpractice cases in New Hampshire.  Once a case is filed in court then a judge must review the case and determine if it is frivolous or not.  If the cases is justified then the bill requires that the parties sit down and attempt mediation within 45 days.

Source:  The Union Leader

                Nashua Telegraph

This is a compromise measure (to some degree)  In neighboring Maine there is a review panel that has to look at every medical malpractice case that is filed.  That system requires that a panel of three people review the case.  This system has been criticized by some as requiring that the case be tried twice.  Once to the panel and once to the court.  At least this system in NH as proposed by the House has a review by a judge, which should not overly burden either party.  The senate is reviewing a bill that is more similar to the Maine system.

The requirement of a mediation within 45 days may not be workable.  Often cases are not fully developed and understood for several months.  My point.  The defense and the plaintiffs in these medical malpractice claims may not know enough to be able to intelligently settle.

Overall my response is that this is a decent compromise.  Why?  It is trying to address the purported problem of "frivolous lawsuits" by having the med mal lawsuits looked at before they get too far into the court system.   A measure that caps damages does not address this problem.  It only serves to harm the people who actually have malpractice cases.