Though worried that medical malpractice insurance is driving doctors from the state, New Hampshire lawmakers have failed to agree on legislation to address the problem. The House and the Senate had different versions of a bill to establish medical review panels that would hear evidence in malpractice cases and determine whether a doctor was negligent. What divided the House and Senate was if and how that finding would be given to a jury if the case went to trial. The Senate version mirrored a law in Maine, which requires the panel’s finding be presented to the jury. The House version would give the losing party a choice whether to let the finding go to the jury or agree to pay legal fees for the prevailing side.
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