Abstract
The early offers plan is a tort reform that provides a process for resolving medical malpractice (and other personal injury) cases not involving gross misconduct shortly after they have been filed. If the defense chooses to do so, it may make a statutorily defined prompt financial offer, which the claimant can accept or reject. To comply with the early offer statute, the offer must completely cover the claimant's economic damages plus appropriate attorneys' fees but not covering noneconomic damages, i.e., pain and suffering. If the offer is rejected, the claimant's burden of proof at any subsequent trial is elevated, that is, evidence of the gross misconduct must be proven beyond a reasonable doubt or at least by clear and convincing evidence. If the defense does not make an offer, the current system applies.
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