New Hampshire Enacts “Early Offer” Malpractice Reform Program

The New Hampshire legislature has overridden the governor’s veto to pass a bill establishing an “early offer” program designed to encourage patients to settle medical liability claims with healthcare providers out of court. Initially vetoed by Governor John Lynch, the bill (SB 406) will enable patients who sustain medical injuries and agree to participate in the program to receive a capped settlement based on lost wages and medical expenses plus an additional payment based on the level of harm within 90 days, as opposed to the years traditional malpractice cases take to reach resolution.