CHAPTER 208
SB 119 - FINAL VERSION
04/10/03 1139s
29may03... 1722h
29may03... 1863h
2003 SESSION
01/09
SENATE BILL 119
AN ACT relative to medical and hospital liability insurance.
SPONSORS: Sen. O'Hearn, Dist 12; Sen. Flanders, Dist 7; Sen. Boyce, Dist 4; Sen. Roberge, Dist 9; Sen. Clegg, Dist 14; Sen. Martel, Dist 18; Sen. Johnson, Dist 2; Sen. Kenney, Dist 3; Sen. Prescott, Dist 23; Sen. Below, Dist 5; Sen. Peterson, Dist 11; Sen. Gallus, Dist 1; Sen. Green, Dist 6; Rep. Francoeur, Rock 85; Rep. Nordgren, Graf 17; Rep. Rogers Johnson, Rock 83; Rep. Mercer, Hills 59
This bill clarifies the law relative to recovery for medical injuries under RSA 507-E.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/10/03 1139s
29may03... 1722h
29may03... 1863h
03-0607
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to medical and hospital liability insurance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
208:1 Purpose. 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 act reaffirms 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, by codifying the law applicable to recovery of damages for medical injury in RSA 507-E. The decision of the court in Belinda Joyce Lord v. James Lovett, M. D., decided April 4, 2001, departed from that intent by broadening the opportunity to recover damages in medical injury cases through recognition of the so-called "loss of opportunity" doctrine. This act is intended to overrule that decision, as well as to restate the legislative policy that this judicial broadening of the opportunity to recover damages in medical injury cases is contrary to the intent of the general court in enacting RSA 507-E.
208:2 New Paragraph; Burden of Proof in Medical Injury Cases. Amend RSA 507-E:2 by inserting after paragraph II the following new paragraph:
III. The requirements of this section are not satisfied by evidence of loss of opportunity for a substantially better outcome. However, this paragraph shall not bar claims based on evidence that negligent conduct by the defendant medical provider or providers proximately caused the ultimate harm, regardless of the chance of survival or recovery from an underlying condition.
208:3 Applicability. This act shall apply to all actions for medical injury arising on or after the effective date of this act.
208:4 Effective Date. This act shall take effect upon its passage.
(Approved: June 30, 2003)
(Effective Date: June 30, 2003)