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Caps on Medical Malpractice Damages – Not in New Hampshire

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By C. Kevin Leonard – New Hampshire Medical Malpractice Attorney

With the problem of rising health care costs, in the news over the past couple of years are efforts in certain states to impose caps on the amount of damages a medical malpractice victim can recover. Those in favor of such caps argue that the limitation will help with health care costs. There are published studies that reveal such a claim is not supported.

While caps have been passed in other states, the New Hampshire Supreme Court rejected imposing such caps over 30 years ago in response to the New Hampshire Legislature’s law to limit the number of damages recoverable for non-economic loss (pain and suffering) to $250,000.

In 1979, Carsen v. Maurer, the New Hampshire Supreme Court ruled that the cap was unconstitutional. In Carsen v. Mauer, the Court noted such a law treated victims of medical negligence different from victims of other kinds of negligence by restricting the damages they may recover for their injuries.

If you believe you have been the victim of a personal injury or medical malpractice, you should consult an experienced medical malpractice lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at (603) 288-1403 or fill out our online contact form.

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