New Hampshire Medical Malpractice Statute of Limitations

Medical malpractice is a tragedy that strikes all too many people these days.  It occurs when a healthcare professional fails to correctly diagnose or treat an injury or illness, or when they delay treating such a condition, or when they fail to administer treatment at all to an injury or illness.  When a patient suffers injury because of this negligent care, all states give them the right to file a medical malpractice lawsuit against that healthcare professional and recover compensation and, in the most willful cases, punitive damages.  One crucial element that determines how and when that case is filed is the statute of limitations for the state in which the malpractice occurred. 

All states have such statutes, but they differ from state to state.  In New Hampshire, the standard statute of limitations for medical malpractice claims is 2 years.  There are additional exceptions to that law that also vary by the nature of the injury and the age of the victim 

Time Limits for Filing a Claim in NH

In the state of New Hampshire, any lawsuits against a medical professional due to negligence must be filed within the state statute of limitations, which is generally 2 years from the date of the negligent injury.  In cases where a foreign object was placed or left in the body of the victim, and that object was not immediately discovered, the plaintiff has 2 years from the date of injury or from the date at which the injury was discovered or should have been discovered to file a malpractice suit.  If the medical malpractice injury resulted in wrongful death, a suit to recover damages for that negligence must be filed within 3 years of the date of the death of that victim.  These laws apply equally to minors 8 years old and older, as well.  Minors under the age of 8 must file malpractice claims by their 10^th birthday.

Negligence Laws

There are additional requirements for medical malpractice lawsuits that are important to consider when filing such a claim.  The law declares that expressions by attending medical personnel of sympathy or apology are inadmissible as evidence of liability in court.  The state also requires medical expert witnesses be certified as competent to practice the same type of medicine as the defendant.  There are also legally established limits to attorney’s fees in New Hampshire medical malpractice cases, beginning with 50% of the first $1,000 in damages, 33% of the next $97,000 in damages, and 20% of all damages over $100,000.  An additional limit is mandated for cases relating to infants or incompetent plaintiffs for 25% of any damages up to $50,000.  Finally, a medical malpractice case may be submitted to a hearing panel prior to the beginning of litigation at the discretion of the plaintiff.  Other negligence laws pertaining to New Hampshire medical malpractice cases can be found in the following table:

Award Limits in New Hampshire

New Hampshire has not enacted any caps or limits to damage awards in medical malpractice cases because the New Hampshire State Supreme Court has determined that they are unconstitutional.

Legal Help

Those who are victims of medical malpractice injuries have the right to file a lawsuit to recover damages and compensation for their injury.  However, these cases are complex, time consuming, and expensive, and many fear they cannot afford the legal help that is required.  It is clear, however, that states like New Hampshire are making efforts to put a cap on the fees lawyers can charge, making that vital legal expertise more available to victims who dare not attempt to manage such cases alone.