New Hampshire Medical Malpractice Laws

There is no limitation on the amount of damages. The statute of limitations is two years from injury or from reasonable discovery of a foreign object (for minors under age 8, until age 10). There is modified joint and several liability (joint liability if 50% or greater at fault; several liability if less than 50% at fault, unless defendant found to have knowingly pursued or taken an active part in a common plan or design resulting in the injury). No limit on attorney fees (limits were declared unconstitutional); if the settlement or judgment exceeds $200,000, the attorney fee and costs are subject to court approval. Claims are to be submitted to pretrial screening panels, which may be waived by agreement of all parties. The panel’s findings and opinion are not admissible during trial although testimony or documents under oath may be used for impeachment purposes and a party making a statement or presenting evidence before a panel may agree to the use of the statement or evidence during trial. No requirement for an affidavit or certificate of merit.

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