507-C:1 Definitions. – As used in this chapter: I. "Action for medical injury" means any action against a medical care provider, whether based in tort, contract or otherwise, to recover damages on account of medical injury. II. "Medical care provider" means a physician, physician’s assistant, registered or licensed practical nurse, hospital, clinic or not-for-profit […]
507-C:10 Applicability. – This chapter applies to all causes of action for medical injury accruing after September 3, 1977, and as to such causes of action, shall supersede any inconsistent provision of law. In addition, this chapter applies to causes of action accruing prior to September 3, 1977, upon which no action has been […]
507-C:2 Burden of Proof. – I. In any action for medical injury, the plaintiff shall have the burden of proving by affirmative evidence consisting of the expert testimony of a competent witness or witnesses: (a) The standard of acceptable professional practice in the medical care provider’s profession or specialty thereof, if any, at the […]
507-C:3 Qualified Testimony. – In any action for medical injury: I. No witness is competent to give the expert testimony required by RSA 507-C:2 unless the court finds that the witness was competent and duly qualified to render or supervise equivalent care to that which is alleged to have caused the medical injury at […]
507-C:4 Statute of Limitations. – Notwithstanding any other provision of law, all actions for medical injury shall be commenced within 2 years of the act, omission or failure complained of, except that where the action is based upon discovery of a foreign object in the body of the injured person which is not discovered […]
507-C:5 Notice of Intent to Sue. – No action for medical injury shall be commenced until at least 60 days after service upon the person or persons alleged to be liable, by certified or registered mail, of a written notice of claim setting forth, under oath, the nature and circumstances of the alleged injuries […]
507-C:6 Elimination of Ad Damnum. – In any action for medical injury, the declaration or other affirmative pleading shall not specify the amount of damages claimed, but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to […]
507-C:7 Damages Recoverable. – In any action for medical injury: I. The damages awarded may include compensation for actual economic losses suffered by the injured person by reason of medical injury, including but not limited to, the cost of reasonable and necessary medical care, rehabilitation services, custodial care, loss of services and loss of […]
507-C:8 Contingent Fees. – I. In any action for medical injury, no attorney representing any party to such action shall contract for, charge or collect on a contingent fee basis any fee for his services to such party in excess of the following limits: (a) Fifty percent of the first $1,000 recovered; (b) Forty […]
507-C:9 Baseless Pleadings. – In any action for medical injury, claims, defenses or denials made without reasonable cause and found to be untrue shall subject the party pleading them to the payment of reasonable expenses actually incurred by the other party by reason of the untrue pleading, including reasonable attorney’s fees, to be taxed […]
