As a patient, it’s important to know your rights and understand the laws regarding medical malpractice. In New Hampshire, medical malpractice cases are governed by specific laws that determine when a patient can file a lawsuit against a healthcare provider or facility. Read on to learn when you can file a lawsuit for medical malpractice in New Hampshire.
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What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, including doctors, nurses, pharmacists, and other medical professionals, fail to provide adequate care to a patient, resulting in harm or injury. Medical malpractice can take many forms, including misdiagnosis, surgical errors, medication errors, and birth injuries.
The Statute of Limitations
In most states, including New Hampshire, there is a statute of limitations governing the time period in which a patient can file a medical malpractice lawsuit. The statute of limitations in New Hampshire is three years from the date of the alleged malpractice or from the date the patient should have reasonably discovered the injury.
The Statute of Repose
In addition to the statute of limitations, New Hampshire also has a statute of repose. The statute of repose places a hard deadline on when a medical malpractice lawsuit can be filed, regardless of when the injury occurred. In New Hampshire, the statute of repose for medical malpractice cases is three years from the date of the alleged malpractice, regardless of when the injury was discovered.
Exceptions to the Rules
There are some exceptions to the rules governing medical malpractice lawsuits in New Hampshire. For example, if the patient is under 18 years old, the clock on the statute of limitations and the statute of repose doesn’t start ticking until the patient turns 18. This means that minors have until their 21st birthday to file a medical malpractice lawsuit.
Additionally, if a healthcare provider intentionally withholds information about the malpractice from the patient, the statute of limitations and the statute of repose may be extended. This is known as the "discovery rule" and applies if the patient couldn’t reasonably have discovered the malpractice within the statute of limitations without the healthcare provider acknowledging it.
The Process of Filing a Medical Malpractice Lawsuit
If you believe you have a medical malpractice case and want to file a lawsuit in New Hampshire, you’ll need to follow a specific process. First, you’ll need to consult with an experienced personal injury attorney who specializes in medical malpractice. They’ll be able to determine whether you have a valid case and will guide you through the legal process.
Next, you’ll need to draft a complaint and file it with the court. The complaint should include details of the alleged malpractice, including the date of the incident, the healthcare provider involved, and the resulting injuries. You’ll also need to include your claim for damages.
After filing the complaint, the healthcare provider or facility will have a chance to respond. In some cases, a settlement may be reached before the case goes to trial. If a settlement cannot be reached, the case will proceed to court.
Conclusion
Medical malpractice lawsuits can be complex and difficult to navigate. However, understanding the laws governing medical malpractice in New Hampshire can help patients determine whether they have a valid case and when to file a lawsuit. If you’ve suffered harm or injury as a result of medical malpractice, you need an experienced attorney by your side to protect your rights and help you get the compensation you deserve.