Bill Text - HB1258 (2010)

Relative to the award of costs and attorneys' fees incurred in the medical injury screening panel process.


Revision: Dec. 10, 2009, midnight

HB 1258 – AS INTRODUCED

2010 SESSION

10-2254

09/04

HOUSE BILL 1258

AN ACT relative to the award of costs and attorneys’ fees incurred in the medical injury screening panel process.

SPONSORS: Rep. Nixon, Hills 17; Rep. Rowe, Hills 6; Rep. Craig, Hills 9; Rep. E. Merrick, Coos 2

COMMITTEE: Judiciary

ANALYSIS

This bill establishes requirements for the award of costs and attorneys’ fees incurred in the medical injury screening panel process.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2254

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the award of costs and attorneys’ fees incurred in the medical injury screening panel process.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Effect of Panel Findings; Award of Costs and Attorneys’ Fees. Amend RSA 519-B:10 by inserting after paragraph II the following new paragraph:

III. If the findings of the panel are in the plaintiff’s favor and the jury also finds in favor of the plaintiff, the plaintiff shall be awarded all costs and attorneys’ fees reasonably incurred in the screening panel process, as approved by the court. If the findings of the screening panel are in the defendant’s favor and the jury also finds in favor of the defendant, the defendant shall be awarded all costs and attorneys’ fees reasonably incurred in the screening panel process, as approved by the court.

2 Effective Date. This act shall take effect January 1, 2011.