New Hampshire Medical Malpractice
Under New Hampshire medical malpractice law, medical malpractice occurs when a licensed health professional acts in a negligent manner. Licensed health professionals include; doctors, nurses, dentists, technicians, counselors, psychologists, and psychotherapists as well as hospitals, clinics and nursing facilities. To act in a negligent manner can include an action taken or a failure to take an action. Even though a health professional may have acted in a negligent manner there will be no case if the patient has not been harmed. The negligent act is judged by a relevant standard of care, which must be proved by an expert in the field, or must be an obvious error in judgment.
Medical malpractice law differs in many ways depending upon the state. New Hampshire medical malpractice law has a statute of limitations for medical malpractice actions. The two-year statute of limitations has been held to violate the state’s constitution. The general statute of limitations now is three years and may commence from the time the injury is discovered or should have reasonably been discovered. It is important to consult an experienced attorney as soon as possible.
Acts of medical malpractice may include:
New Hampshire medical malpractice law does not limit damages in medical malpractice cases. Damages may include damages for the injury due to the negligence such as the loss of an organ, limb, or vision or decreased enjoyment in life due to the disability, severe pain or emotional distress. Damages may also include financial losses such as lost wages, medical expenses, and life care expenses.
In New Hampshire there is a process established by the state in 2005 that requires a pre-screening of medical injury claims by a panel. It is important to have strong legal representation by an experienced lawyer for this process. A medical malpractice case can be extremely technical and complex. Experienced malpractice attorneys have the resources of medical experts and finances to allow for a careful presentation of a case.
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