Best Medical Malpractice Lawyers in New Hampshire

About Medical Malpractice Law in New Hampshire, United States

Medical malpractice law in New Hampshire covers situations where a patient is harmed due to the negligence or wrongful actions of a healthcare provider. This area of law allows patients to pursue compensation for injuries resulting from substandard medical care, including errors in diagnosis, treatment, aftercare, or health management. In New Hampshire, medical malpractice claims can be complex, requiring plaintiffs to prove that a healthcare professional deviated from the acceptable standard of care and that this deviation directly caused injury or damages.

Why You May Need a Lawyer

Medical malpractice cases are among the most challenging types of personal injury claims. You may need a lawyer if:

• You believe you or a loved one have been seriously harmed by a doctor, nurse, hospital, or other healthcare provider
• An error occurred during surgery, childbirth, diagnosis, or while prescribing medication
• A delay or failure to diagnose a serious condition caused additional harm
• You received inadequate consent or were not informed of risks associated with treatment
• A healthcare provider ignored, misread, or failed to follow up on laboratory or test results
• Your insurance company is denying coverage due to alleged medical negligence

A lawyer can evaluate your claim, gather evidence, consult with medical experts, negotiate with insurance companies, and represent you in court if necessary. Medical malpractice cases often require resources and legal knowledge to build a strong case.

Local Laws Overview

Medical malpractice law in New Hampshire is shaped by state statutes and judicial decisions. Some of the most important legal aspects include:

• Statute of Limitations: Most medical malpractice lawsuits must be filed within three years of the date when the injury was discovered, or reasonably should have been discovered. There may be exceptions for minors or cases involving fraud or concealment.
• Pre-Litigation Screening: New Hampshire used to require pre-litigation screening panels to review cases before they went to trial. However, this is no longer required, though parties can mutually agree to submit to a panel.
• Expert Witness Requirement: Plaintiffs must typically present testimony from a qualified expert to establish the standard of care and to prove that a deviation from that standard caused harm.
• Comparative Fault Rule: If the patient is found to have contributed to their injury, their damages award may be reduced in proportion to their share of fault. If the patient is more than 50 percent at fault, they cannot recover damages.
• Damage Caps: New Hampshire does not have statutory caps on most medical malpractice damages, meaning compensation for pain and suffering is not artificially limited.

Frequently Asked Questions

What constitutes medical malpractice in New Hampshire?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to the patient. This can include diagnostic errors, surgical mistakes, prescription errors, or failure to obtain informed consent.

How long do I have to file a medical malpractice lawsuit in New Hampshire?

You typically have three years from the date you learned, or should have learned, of the malpractice. There are exceptions for children and situations involving fraud or concealment.

Does New Hampshire require pre-litigation panels for medical malpractice claims?

Pre-litigation screening panels are not mandatory in New Hampshire, but both sides can agree to have a case reviewed by such a panel.

What damages can I recover in a medical malpractice case?

You may be able to recover damages for medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and other related costs. There are no statutory caps on most types of damages in New Hampshire.

Will I need expert medical testimony to win my case?

Yes, medical malpractice claims almost always require testimony from a qualified medical expert who can explain the standard of care and show how it was breached.

Can I file a malpractice claim against any medical professional?

You can file a claim against doctors, nurses, hospitals, clinics, and other licensed healthcare providers if they contributed to your injury through negligent care.

What if the patient contributed to the injury?

New Hampshire applies a modified comparative fault rule. If you are found partially at fault, your damages are reduced proportionally. If you are found more than 50 percent responsible, you cannot recover damages.

How do I prove my case?

You must prove that a provider-patient relationship existed, the provider was negligent, the negligence caused your injury, and you suffered damages as a result.

How long do malpractice cases usually take in New Hampshire?

These cases can take months or years due to the complexity of gathering evidence, finding expert witnesses, and court scheduling.

What if I cannot afford a lawyer?

Many medical malpractice attorneys work on a contingency fee basis, meaning they are only paid if you receive compensation. This allows you to pursue your case without paying legal fees upfront.

Additional Resources

If you need more information or guidance, consider the following resources:

• New Hampshire Judicial Branch - Civil Court information for self-represented litigants
• New Hampshire Bar Association - Lawyer Referral Service
• New Hampshire Board of Medicine - Complaints and disciplinary actions against doctors
• New Hampshire Insurance Department - Information about insurance policies and claims
• Local hospitals and medical centers' patient relations or ombudsman services

Next Steps

If you believe you have been a victim of medical malpractice in New Hampshire, consider taking the following steps:

1. Document everything related to your care, including records of treatment, prescriptions, communications with healthcare providers, and photographs of injuries.
2. Request and preserve copies of your complete medical records.
3. Write down your recollections of all conversations and events related to the incident before memories fade.
4. Contact a qualified New Hampshire medical malpractice attorney for a review of your case.
5. Do not speak with insurance companies or agree to any settlements without consulting your lawyer.
6. Monitor the statute of limitations to ensure you do not miss important legal deadlines.

Seeking legal help early can improve your chances of obtaining a fair outcome and help you navigate the complex medical and legal issues involved in these cases.