Sec. 312. Defense-initiated settlement process
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/bill/113/hr/3165/ih/section-312·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In a civil action, to the extent the civil action seeks damages for the injury or death of an individual as the result of health care, a health care practitioner or health care institution against which such damages are sought may serve one or more qualified settlement offers under this section to a person seeking such damages. If the person seeking such damages does not accept such an offer, that person may thereafter serve one or more qualified settlement offers under this section to the party whose offer was not accepted.
A qualified settlement offer under this section is an offer, in writing, to settle the matter as between the offeror and the offeree, which— specifies that it is made under this section; states the terms of settlement; and states the deadline within which the offer must be accepted. If the offeree of a qualified settlement offer does not accept that offer, and thereafter receives a judgment at trial that, as between the offeror and the offeree, is significantly less favorable than the terms of settlement in that offer, that offeree is responsible for those litigation costs reasonably incurred, after the deadline stated in the offer, by the offeror to respond to the claims of the offeree.
In this section, the term litigation costs include court costs, filing fees, expert witness fees, attorney fees, and any other costs directly related to carrying out the litigation. For purposes of this section, a judgment is significantly less favorable than the terms of settlement if— in the case of an offeree seeking damages, the offeree’s award at trial is less than 80 percent of the value of the terms of settlement; and in the case of an offeree against whom damages are sought, the offeror’s award at trial is more than 120 percent of the value of the terms of settlement.