New Hampshire Medical Malpractice Laws

When the injury was not and could not reasonably have been discovered at the time of the malpractice, the 3-year period runs from the date of discovery.

The statute of limitations is tolled for minor patients until they reach age 18.

New Hampshire does not cap compensatory damages in medical malpractice cases.

The legislature attempted to cap noneconomic damages at $250,000 under RSA 507-C:7, but the New Hampshire Supreme Court struck this down as unconstitutional in Carson v. Maurer (1980). No cap is currently in effect.

Punitive damages are prohibited by statute in New Hampshire, including in medical malpractice cases.

New Hampshire repealed its mandatory pre-trial screening panel requirement effective July 1, 2023. Medical malpractice claims now proceed directly to court without a screening panel step.

New Hampshire's Medical Malpractice Act (RSA 507-C) remains in the statutes, but key provisions including the statute of limitations (507-C:4) and damage cap (507-C:7) have been declared unconstitutional by the NH Supreme Court. The general personal injury statutes apply instead.

Healthcare providers must obtain informed consent before treatment. Failure to adequately inform a patient of the risks, benefits, and alternatives to a procedure can be the basis for a malpractice claim.