New Hampshire

Statute of Limitations

Medical Claim Generally:

Medical malpractice claims must be brought “within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.”  [New Hampshire RSA § 508:4]

Minors:

An infant or mentally incompetent person may bring a personal action within 2 years after such disability is removed. [New Hampshire Revised Statutes Annotated (RSA) 508:8]

Wrongful death:

In New Hampshire, the statute of limitations for wrongful death claims is 3 years from the date of the deceased person's death N.H. Rev. Stat. Ann. § 508:4

Damage Caps

The New Hampshire Supreme Court has ruled noneconomic damages caps as unconstitutional. [Carson v. Maurer (1980)]

Attorney Fee   Caps

“All fees and costs for actions, resulting in settlement or judgment of $200,000 or more, shall be subject to approval by the court.” [New Hampshire RSA § 508:4-e III]

Pre-suit Requirements

It seems that New Hampshire RSA 519-B which required an affidavit of merit and notice of intent to sue was repealed in 2019.

Expert

Qualifications

New Hampshire does not have any medical malpractice specific requirements for experts but requires that the testimony be relevant and reliable. [Rule 702 of the New Hampshire Rules of Evidence]

Negligent

Credentialing Claims

New Hampshire does recognize negligent credentialing claims. [Johnson v. Salem Hospital (1986)]