Vote Smart's Synopsis:

Vote to override a veto of a bill that establishes an alternative early offer process for medical injury claims.

Highlights:

• Establishes an early offer system for individuals to seek payment for economic loss and attorney fees resulting from medical injury (Sec. 1).

• Requires the individual seeking settlement to pay the medical care provider’s attorney fees, and any other costs incurred in the proceedings, if they are not awarded at least 125 percent of the early offer amount in court (Sec. 2).

• Requires the individual to certify that payment of the medical provider’s fees, in the form of a bond or other suitable security, has been posted before the court will consider the case (Sec. 2).

• Requires an individual seeking remedy through the early offer process to provide the responsible medical care provider with notice of injury (Sec. 2).

• Requires the medical care provider to respond to the claimant’s notice of injury within 90 days (Sec. 2).

• Authorizes the medical care provider to request that the individual submit to an independent medical examination (Sec. 2).

• Prohibits an individual from pursuing a claim for the same medical injury from any medical care provider upon acceptance of an early offer (Sec. 2).

• Requires a medical care provider to provide the claimant with a neutral legal adviser if unrepresented (Sec. 3).

• Authorizes an individual, who was unrepresented at the time the notice of injury was filed, to withdraw the notice within 5 business days of first meeting with the legal adviser and proceed as if the notice of injury was never filed (Sec. 2).

Full Bill Text

Vetoed by Governor John Lynch

Vote Smart's Synopsis:

Vote to adopt a conference report that establishes an alternative early offer process for medical injury claims.

Highlights:

• Establishes an early offer system for individuals to seek payment for economic loss and attorney fees resulting from medical injury (Sec. 1).

• Requires the individual seeking settlement to pay the medical care provider’s attorney fees, and any other costs incurred in the proceedings, if they are not awarded at least 125 percent of the early offer amount in court (Sec. 2).

• Requires the individual to certify that payment of the medical provider’s fees, in the form of a bond or other suitable security, has been posted before the court will consider the case (Sec. 2).

• Requires an individual seeking remedy through the early offer process to provide the responsible medical care provider with notice of injury (Sec. 2).

• Requires the medical care provider to respond to the claimant’s notice of injury within 90 days (Sec. 2).

• Authorizes the medical care provider to request that the individual submit to an independent medical examination (Sec. 2).

• Prohibits an individual from pursuing a claim for the same medical injury from any medical care provider upon acceptance of an early offer (Sec. 2).

• Requires a medical care provider to provide the claimant with a neutral legal adviser if unrepresented (Sec. 3).

• Authorizes an individual, who was unrepresented at the time the notice of injury was filed, to withdraw the notice within 5 business days of first meeting with the legal adviser and proceed as if the notice of injury was never filed (Sec. 2).

Full Bill Text