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2018 New Hampshire Revised Statutes
Title LIII - Proceedings in Court
Chapter 519-C - Early Offers for Medical Injury Claims
Section 519-C:9 - Multiple Parties Alleged to Have Contributed to Causing Medical Injury.
Universal Citation: NH Rev Stat § 519-C:9 (2018)
I. Every early offer to settle a claim under this chapter shall include all of the economic loss, plus a reasonable attorney fee as set forth herein, and shall not be reduced or apportioned based on comparative fault of multiple providers. Any medical care provider, or combination of providers alleged to have contributed to causing an injury may extend an early offer as provided in this chapter, and acceptance of that offer by the claimant shall bar any further lawsuit or other claims for compensation by the claimant against all medical care providers arising as a result of the same medical injury. However, any medical care provider that extends an early offer to a claimant may seek contribution in a separate action against any medical care provider or other party that contributed to causing the medical injury. The injured individual shall not be a party to any action for contribution between medical care providers; however, the injured individual shall reasonably cooperate with the proceedings and provide such reasonable information and testimony as may be necessary to resolve the contribution claim. The parties to the action shall pay the injured individual all reasonable costs associated with such reasonable cooperation and testimony, including travel expenses and reasonable loss of earnings or a witness fee of $100 per day, whichever is greater.
II. Nothing in this section shall be regarded as exempting contribution claims from any applicable provisions of RSA 519-B.
III. Nothing in this section shall limit claims by the claimant against any party other than medical care providers who participated in providing medical care which gave rise to the medical injury.
Source. 2012, 288:2, eff. Jan. 1, 2013.
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