New Hampshire Malpractice Law
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In today’s times, knowledge pertaining to medical malpractice is an absolute necessity. The fact that medical misfortunes do take place makes it all the more necessary for an individual to have knowledge in regard to malpractice laws. As it is, if you are a resident of the state of New Hampshire, then in that case, there are a few points that you need to know.
The following are some of these aspects, which you need to know:
- As per the rules of the state, the action or act of negligence, resulting in damage or injury, or wrongful death has to be reported within three years from the date of occurrence. In case, where the injury could not be reasonably discovered, at the time of the act, this statute runs from the time the petitioner discovers or should have discovered the injury in normal course. In case of an infant or mentally incompetent person the petitioner has two years from the removal of the disability, for filing the case.
- The state adheres to the modified doctrine of comparative negligence, under which, the petitioner’s action for recovery is barred only in case his or her fault exceeds the total fault of all defendants. In other cases, the petitioner’s recovery is reduced in proportion to his degree of fault.
- As per the rules of the state, the joint accused are jointly and severally liable, under normal circumstances. However, any accused, who is less than fifty percent at fault, is only severally liable. Also, the joint accused is vested with the right of contribution, in case they are jointly and severally liable. In case, a joint accused has paid more than his adjudged share of the obligation, then he or she might recover a judgment for the contribution in the same action, in case fault was apportioned therein to the party from whom contribution has been sought, or by way of a separate action brought within one year.
- As per the rules of the state, the petitioner is required to support his or her claim with an expert testimony. Also, for qualifying as a testifier, an expert is required to be competent as well as duly qualified.
- The state has also imposed a limit of $250,000 on non-economic damages in medical malpractice cases and that of $875,000 on non-economic damages in personal injury cases.
The knowledge of the above rules and regulations can be of great advantage, in case you ever get into such a tough situation.
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