Recently, the Senate voted in favor of Senate Bill 406 and New Hampshire is the first state to adopt the program. This legislation offers medical providers up to 90 days to offer a settlement to the injured party. The supporters believe it will benefit all parties because medical malpractice cost will be reduced and victims can resolve a medical injury claim quickly. In our opinion, this bill will only benefit the insurance companies and here's why -
Quick settlements, as a general rule, are an offending party’s attempt at getting off light. They approach the victim with what seems like a generous offer-possibly around $200,000. If the victim does not take this bait, they can potentially receive much larger settlements later on. However, this "early-offer medical negligence legislation" would also enable hospitals to offer only $117,500 for wrongful death cases. At this point, some may refuse the offer and decide to take them to court for which they may face another obstacle. SB 406 also enables the medical providers to keep valuable evidence for your case as secrets.
In other words, they would not have to tell you that a doctor’s "slip of the knife" led to your loved one’s death. Or that the anesthesiologist overdosed your loved one. Or that the nurse forgot to give you the antibiotics. They would not have to tell you anything they discovered in their internal investigation.
However, you have to tell them everything that leads you to believe that malpractice happened. To make this matter even more insidious is that if there is a claim, an employee of the state’s Insurance Department will decide on the case. This department is completely financed by insurance companies, so think about who will benefit most from this legislation?
Although SB 406 may not be affecting Maryland now, it is definitely a legislation we keep a close eye on. Snyder and Snyder's team of medical malpractice attorneys have worked with many victims had suffered a great deal from the liable parties' mistakes and errors. Having a quick settlement is not the justice they are seeking for. The justice they are looking for is to hold the liable parties responsible in hope they will not make the same mistake again so no one will need to endure the pain they had to go through.
Our team of medical malpractice attorneys has served the Baltimore area for many years. With years of combined experience and knowledge, we can help you or your loved one who may have been victims of medical error. Contact us today to receive a free consultation and learn more about your legal options.