Monday, July 2, 2012

Reply to response to criticism regarding the New Hampshire new law on early offers in med mal cases

Continuing our coverage on the debate over the recently adopted law on "early offers" in New Hampshire (most recently here), here are some more articles:

New Hampshire’s Insidious Early Offer Medical Malpractice Law by Max Kennerly of the Litigation and Trial blog, in which he argues that regardless of the text of the law, its effect is that if a plaintiff asks for the “early offer” but doesn’t accept it, he or she would be in effect precluded from filing suit, because a lawsuit would simply be too expensive and too risky.  He also argues that the definition of the remedy to which plaintiffs are allowed under the law is too limited.

Chris Robinette, who supports the law, replies to Kennerly in some detail in two articles here and here.  His conclusion, which he has argued before, is that the law offers a "trade off" and that its benefits do not necessarily benefit everybody equally. 

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