Best Birth Injury Lawyers in New Hampshire

About Birth Injury Law in New Hampshire, United States

Birth injury law in New Hampshire covers legal claims arising when a newborn suffers harm before, during, or shortly after childbirth due to medical negligence or errors. These injuries can range from minor to life altering, often resulting in a need for ongoing medical care, therapies, or special education. Birth injury cases are a specialized area of medical malpractice, and navigating the legal system can be complex. Parents and families may have the right to pursue compensation when these injuries happen due to negligent actions by medical professionals or healthcare facilities in New Hampshire.

Why You May Need a Lawyer

Seeking legal advice or representation in a New Hampshire birth injury case is often necessary because of the complex legal and medical issues involved. You may need a lawyer if:

• Your child sustained injuries during labor or delivery that you believe were preventable
• You suspect that improper use of medical equipment was a factor in the injury
• There is evidence of mismanagement of labor, such as delayed C section or failure to recognize fetal distress
• Communication with the hospital or medical staff is unclear or inconsistent about what happened
• You are unsure about the statute of limitations or your legal rights
• An insurance company contacts you with settlement offers or requests for medical records
• You need help calculating current and future costs related to your child’s injury, such as medical bills or special needs care

A lawyer specializing in birth injury can guide you through the process, help secure access to needed resources, and advocate for your family’s best interests.

Local Laws Overview

New Hampshire’s laws related to birth injury claims are governed by its medical malpractice and personal injury statutes. Some key considerations include:

• Statute of Limitations: Generally, birth injury claims in New Hampshire must be filed within three years of the act or discovery of the injury. For injuries to minors, certain exceptions may apply, potentially allowing claims until the child reaches age 20, but early action is always advised.
• Elements of Proof: To succeed in a birth injury lawsuit, you must show that the healthcare provider owed a duty of care, breached that duty, and that this breach directly caused the injury and resulting damages.
• Expert Witness Requirements: New Hampshire requires expert testimony to demonstrate the standard of care and how it was violated. Medical experts are needed to prove that the injury was a direct result of negligence.
• Damages: Compensation may include medical expenses, future caregiving costs, loss of future earnings, pain and suffering, and other related damages. New Hampshire does not have a statutory cap on noneconomic damages in medical malpractice cases.
• Comparative Fault: If the family is found to bear some responsibility for the injury, New Hampshire’s modified comparative fault rules will apply. If your share of fault is less than 51 percent, compensation will be reduced accordingly.

These local laws underscore why it is essential to consult with a knowledgeable attorney who understands the details of New Hampshire’s civil justice system.

Frequently Asked Questions

What is considered a birth injury?

A birth injury usually refers to physical harm suffered by a newborn due to complications during pregnancy, labor, or delivery, often caused by medical errors such as failing to monitor fetal distress or misusing birthing instruments.

How do I know if my child’s injury was caused by medical negligence?

It can be difficult to determine on your own. An experienced birth injury lawyer can review records, consult with medical experts, and help assess if negligence occurred.

How long do I have to file a birth injury claim in New Hampshire?

The standard statute of limitations is three years from the date of injury or when it was reasonably discovered. For minors, extensions may apply, but early action is recommended.

What types of compensation are available in birth injury cases?

You may recover compensation for medical bills, rehabilitation, special education, therapy, pain and suffering, lost future earnings, and other related costs.

Are all birth injuries grounds for a lawsuit?

Not all birth injuries are due to malpractice. Lawsuits are typically pursued when there is evidence the injury was preventable and resulted from substandard medical care.

Will my case go to trial?

Many birth injury claims are resolved through settlements before trial. However, if a fair agreement cannot be reached, your attorney may recommend taking your case to court.

What role do medical experts play in my case?

Medical experts review evidence to determine whether the care provided met accepted medical standards and if negligence caused the birth injury. Their testimony is crucial in New Hampshire cases.

Does New Hampshire have damages caps for birth injury cases?

No. Unlike some states, New Hampshire does not impose a cap on noneconomic damages in medical malpractice or birth injury cases.

Can I still recover damages if I am partially at fault?

Yes, under New Hampshire’s comparative fault laws, as long as you are less than 51 percent at fault, your recovery may be reduced in proportion to your share of blame.

What should I do if an insurance company contacts me?

It is advisable not to sign anything or accept any settlement without first consulting a birth injury attorney to protect your rights and ensure you are fairly compensated.

Additional Resources

If you need more information or support, consider contacting these resources:

• New Hampshire Bar Association - For lawyer referrals and legal information
• New Hampshire Department of Health and Human Services - For medical facility records and support services
• Office of the New Hampshire Attorney General - For information on healthcare provider oversight
• Parent advocacy groups and local support organizations for families of children with disabilities

These resources can offer support, information, and connections to legal or medical experts who specialize in birth injury issues.

Next Steps

If you suspect your child’s birth injury may have been caused by medical negligence, consider taking the following actions:

• Gather all medical records, correspondence, and related documentation about the pregnancy, labor, and delivery
• Write down a detailed timeline and account of your experience while it is still fresh in your memory
• Contact a knowledgeable birth injury attorney in New Hampshire who offers free consultations to discuss your situation
• Do not sign any settlement offers or agreements before reviewing them with your attorney
• Follow the guidance given by your lawyer to protect your rights and maximize the outcome for your family

Taking these steps early can help ensure you receive the support and compensation needed to care for your child and move forward.