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What Is A Medical Malpractice Claim in New Hampshire?

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Our health, and that of our family and friends, is important. We know there are times in most people’s lives that they must seek medical care. And while seeking that medical treatment, it can be devastating if a doctor or medical provider makes a mistake that causes serious harm to patients.

New Hampshire Medical Malpractice

New Hampshire has strict laws that govern a medical malpractice claim. RSA 507-E:1 defines the following terms:

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 other health care agency licensed by the state or otherwise lawfully providing medical care or services….

III. “Medical injury” or “injury” means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error, or omission in the performance of such services….

Elements of Medical Malpractice in New Hampshire

The statutes also set forth that the plaintiff is responsible for putting forth evidence to meet the burden of proof. RSA 507-E:2 provides, in pertinent part:

I. In any action for medical injury, the plaintiff shall have the burden of proving by affirmative evidence which must include expert testimony of a competent witness or witnesses:

(a) The standard of reasonable professional practice in the medical care provider’s profession or specialty thereof, if any, at the time the medical care in question was rendered; and

(b) That the medical care provider failed to act in accordance with such standard; and

(c) That as a proximate result thereof, the injured person suffered injuries which would not otherwise have occurred.

Because medical malpractice lawsuits can be extremely expensive, complicated, and emotionally charged, it is necessary to consult with an experienced New Hampshire medical malpractice lawyer. If you feel you or a loved one is the victim of medical malpractice in New Hampshire, you should consult with an experienced New Hampshire medical malpractice attorney. Please contact our office for a free initial consultation or fill out our online contact form.