51. Pre-action offers to settle clinical negligence claims
The Act of 2004 is amended by the insertion of the following section after section 17:
"17A.
(1) Where an offer to settle is made, before the bringing of a clinical negligence action, in respect of a claim relating to a catastrophic injury (within the meaning of Part IVB of the Act of 1961) -
(a) the offer to settle shall specify the proportion of the amount of the offer to settle that is attributable to -
(i) the future medical treatment of the plaintiff,
(ii) the future care of the plaintiff,
(iii) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and
(iv) the future loss of earnings of the plaintiff,
and
(b) a copy of the offer to settle shall be lodged in court by, or on behalf of, the party by which it was made.
(2) The terms of an offer to settle shall not be communicated to the judge in the trial of a clinical negligence action until after he or she has delivered judgment in the action.
(3) Subject to subsection (4), the court shall, when considering the making of an order as to the payment of the costs in a clinical negligence action, have regard to -
(a) the terms of an offer to settle, and