There is a 3-year statute of limitations in New Hampshire when it comes to medical malpractice law. In most situations, joint tortfeasors may be held severally and generally liable.
Statute of Limitations
The 2-year statute of limitations that used to be law in the state of New Hampshire was found to be in violation of the constitution by the state. There is a 3-year general statute of limitations applicable to most situations.
However, if there was not a reasonable way for the injury to have been found either at the time the act occurred or at the time the omission occurred, the statute will only begin when the plaintiff becomes aware of the injury or when the plaintiff should have become aware of the injury.
Comparative Negligence and Contributory Negligence
The modified doctrine of comparative negligence found in the state of New Hampshire defines the actions of a claimant as solely barred when her or his fault is in excess of the aggregate fault of every defendant present. Furthermore, the action of a claimant is diminished in accordance to how much he or she is found to have been at fault.
Several and Joint Liability
In general, within the state of New Hampshire, joint tortfeasors may be both severally and jointly liable. This is not the case when tortfeasors are under 50% when it comes to being at fault. In such situations, they may only be severally liable. There is also a right of contribution that must be considered for joint tortfeasors who are found to be severally and jointly liable.
The courts of New Hampshire have not looked into whether the assignation of liability may depend on apparent or ostensible agency when hospitals with unemployed physicians are part of a suit.
New Hampshire - News Articles
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