Best Professional Malpractice Lawyers in New Hampshire

About Professional Malpractice Law in New Hampshire, United States

Professional malpractice refers to the negligence or misconduct by a professional, resulting in harm or loss to a client or patient. In New Hampshire, this typically involves claims against professionals such as doctors, lawyers, accountants, architects, engineers, and other licensed service providers. The law enables individuals who have suffered harm due to a professional’s failure to uphold the standard of care for their field to seek compensation for their damages through civil lawsuits. This area of law is complex and highly specialized, with specific requirements for proving both the existence and breach of duty owed by the professional.

Why You May Need a Lawyer

There are several situations in which you might need legal advice or representation related to professional malpractice in New Hampshire:

• You believe a healthcare error, such as a misdiagnosis or surgical mistake, caused you harm.
• You have experienced significant financial or personal loss due to the actions of your attorney, accountant, or financial advisor.
• You suspect your architect or engineer’s negligence has resulted in damages to your property or safety risks.
• You are a professional accused of malpractice and need to defend your practice and reputation.
• The responsible party’s insurance company or employer is disputing your claim or denying liability.
• You are unfamiliar with the legal process or statutory requirements and need help understanding your rights or the applicable deadlines.

Engaging a lawyer who is experienced in New Hampshire professional malpractice law is critical as these cases can involve complex legal and procedural issues, including adherence to strict deadlines and technical standards.

Local Laws Overview

New Hampshire professional malpractice law is shaped by state statutes, judicial precedents, and specific procedures:

• Statute of Limitations: In New Hampshire, there is generally a three-year statute of limitations for most professional malpractice claims, meaning you must file your lawsuit within three years of the alleged malpractice or from the time the injury was discovered.
• Certificate of Merit: In medical malpractice cases, plaintiffs must often submit an affidavit or “certificate of merit” from a qualified expert, demonstrating that there is a good faith basis for the claim.
• Standard of Care: Plaintiffs must prove that the professional breached the expected standard of care in their field, typically requiring testimony from an expert in the same profession.
• Comparative Fault: New Hampshire uses a modified comparative fault rule. If the plaintiff is found partially responsible for their harm, their damages award may be reduced proportionately, but they cannot recover anything if they are found to be more at fault than the defendant.
• Damages Caps: While New Hampshire law does not place caps on economic damages, some limitations may apply to non-economic damages in certain types of cases.

These and other laws can vary depending on the profession involved, so consulting an attorney familiar with your specific situation is important.

Frequently Asked Questions

What qualifies as professional malpractice in New Hampshire?

Professional malpractice occurs when a licensed professional fails to meet the accepted standards of their profession, and this failure causes harm or financial loss to a client or patient.

How do I know if I have a malpractice case?

You may have a case if you can prove that a professional owed you a duty of care, breached that duty, and you suffered damages as a direct result. Consulting a malpractice attorney can help assess the strength of your claim.

What is the time limit for filing a professional malpractice claim?

Most malpractice claims in New Hampshire must be filed within three years of the alleged act or the date the harm was discovered. Some exceptions may apply, so it is important to act quickly.

What evidence do I need to pursue a professional malpractice lawsuit?

Key evidence may include contracts, emails, reports, expert testimony, and any written records showing the actions or omissions of the professional.

Will I need an expert witness?

Yes, in most cases, expert testimony is required to establish both the standard of care and how it was breached by the professional in question.

What types of damages are recoverable in a malpractice case?

You may be entitled to compensation for financial losses, medical expenses, pain and suffering, lost wages, and other related damages depending on the specifics of your case.

Can I sue a professional if I am partially at fault for my injury?

Under New Hampshire's modified comparative fault system, you can still recover damages as long as your share of fault is not greater than that of the professional, but your recovery may be reduced by your percentage of fault.

Do all malpractice claims go to trial?

No. Many professional malpractice cases are resolved through negotiation, mediation, or settlement before reaching trial. An attorney can help guide you through your options.

What is a certificate of merit, and do I need one?

A certificate of merit is a statement from a qualified expert asserting that your malpractice claim has a valid basis. In medical malpractice cases, it is generally required in New Hampshire to proceed with your lawsuit.

Can I file a claim against a professional who is no longer practicing?

Yes, as long as you file within the statute of limitations and can establish your claim, you may be able to pursue compensation even if the professional has retired or moved away.

Additional Resources

For those seeking more information or assistance with professional malpractice in New Hampshire, consider the following resources:

• New Hampshire Judicial Branch - Offers information about civil court procedures and self-help forms.
• New Hampshire Bar Association - Provides lawyer referral services and general guidance on finding legal help.
• New Hampshire Board of Medicine, Board of Accountancy, Board of Architects, or other professional licensing boards - For filing complaints about specific professionals.
• New Hampshire Department of Justice - Consumer Protection Bureau may assist with certain complaints related to professionals.
• Local legal aid organizations - Offer resources for those who may qualify for free or reduced-fee legal assistance.

Next Steps

If you believe you have experienced professional malpractice in New Hampshire, consider taking these steps:

1. Gather all relevant documents, correspondence, and evidence related to your case.
2. Contact a qualified attorney who specializes in professional malpractice law in New Hampshire to discuss your situation and options.
3. Be aware of the statute of limitations and act promptly to preserve your rights.
4. If necessary, file a formal complaint with the appropriate professional licensing board.
5. Consider all legal options, including settlement, mediation, or litigation, depending on your attorney’s advice.

Seeking legal guidance early in the process can make a significant difference in the outcome of your professional malpractice claim. A local attorney can walk you through the unique requirements of New Hampshire law and help you achieve the best possible resolution.