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New Hampshire Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

N.H. Rev. Stat. Ann. §508:4 and §508:8 Within three years of act or three years of discovery. Minors: within two years after reaching majority.

N.H. Rev. Stat. Ann. §507-C:4 Statute of limitations specific to medical injury actions (§507-C:4) declared unconstitutional by state Supreme Court (see Carson v. Maurer, 120 N.H. 925, 424 A.2d 825 (1980) and Community Resources for Justice, Inc. v. City of Manchester, 154 N.H. 748, 917 A.2d 707 (2007).

New Hampshire Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

No limitations. Limits on noneconomic damages (§507-C:7) declared unconstitutional by state Supreme Court (see Carson v. Maurer, 120 N.H. 925, 424 A.2d 825 (1980) and Brannigan v. Usitalso, 134 N.H. 50, 587 A.2d 1232 (1991)).

Limits on Attorney Fees

§507-C:8. Limits declared unconstitutional by state Supreme Court (see Carson v. Maurer, 120 N.H. 925, 424 A.2d 825 (1980)).

§508:4-e. Contingent fee agreements between attorney and client shall be governed by Rules of Professional Conduct, Rule 1.5 as it may be amended by the supreme court from time to time and by any other rules regarding fees which are adopted or amended by the court. All fees and costs for actions, resulting in settlement or judgment of $200,000 or more, shall be subject to approval by the court.

Periodic Payments

Election for periodic payments for future damages in excess of $50,000 (§507-C:7) declared unconstitutional by state Supreme Court (see Carson v. Maurer, 120 N.H. 925, 424 A.2d 825 (1980)).

§524:6-a. Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§151:13-a et seq. Confidentiality of review committees

§151-D:2. Confidentiality of quality assurance program

§329:29 et seq. Confidentiality of medical review committees