Under the bill, providers have 90 days after a medical injury to decide if they want to extend an early offer to the patient. The patient has 60 days to either accept or reject it. If patients refuse an early offer, they must meet a higher burden of proof for their medical injury claim to ensure they aren’t gaming the system, according to the report.
Supporters say the bill can help providers avoid potentially significant damages and pain and suffering awards from medical malpractice lawsuits. It could also help reduce the back-up of malpractice suits in the state’s court system.
Opponents say the law would prey on uninformed patients in quick need of cash. David Slawsky, a civil litigation attorney, said, “This bill is a kind of Trojan horse. It’s easy to see how nice people who just want answers will fall into a trap,” according to the report.
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