Medical malpractice can include personal injury or wrongful death. The person causing the injury can be sued for accidental negligence and be forced to compensate you or in the cases of malicious or deliberate negligence may be forced to pay punitive damages. Most hospitals and doctors carry insurance to cover the cost of malpractice suits and do not pay out of pocket unless they have no coverage. In some states a hospital may be sued for the actions of their employees but currently New Hampshire has no such precedent on the books.

In the state of New Hampshire ,current statute of limitation laws set at two years has been found to be unconstitutional. This means you currently have three years and can be extended if the claimant can prove that they discovered and reported a personal injury or wrongful death in a reasonable period of time. This means that if a surgeon leaves a sponge in your abdomen and you would have no way to know it is there for five years, the statute of limitation’s clock would start upon your discovery of the negligence. In most cases a judge will decide if the claimant has standing to sue and if their discovery of the injury was timely and is within the statute of limitations. If you have been injured and are looking for an attorney you will want to bear in mind that you will need competent representation by a lawyer or firm that has the resources to find experts to testify and to investigate the claims thoroughly. As most malpractice cases are contingency cases meaning you don’t pay unless you win it is important to ensure your lawyer can handle the financial aspects of the case. There are no specific limits on fees an attorney can charge in the state of New Hampshire but if it exceeds $200,000 it must be approved by the court. There are some fluctuations in the law if you are suing a government entity and a good attorney will make you aware. There are also caps on damage amounts that may pertain to your case. Take the time to interview several attorneys or contact your local Bar Association to get some names of attorneys that may specialize in your type of injury. You deserve the best representation and the tough road of litigation is made easier by a qualified, competent attorney on your side.

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