New Hampshire Medical Malpractice Laws
New Hampshire medical malpractice claims follow the same 3-year statute of limitations as general personal injury under RSA 508:4. The state's specific medical malpractice statute of limitations (RSA 507-C:4) was declared unconstitutional by the New Hampshire Supreme Court in Carson v. Maurer (1980). Likewise, the statutory cap on noneconomic damages in medical malpractice cases (RSA 507-C:7) was struck down as unconstitutional. New Hampshire repealed its pre-trial screening panel requirement effective July 1, 2023. The same modified comparative fault rules apply as in general personal injury.
Last verified: 2026-02-25
Statute of Limitations
Medical malpractice claims must be filed within 3 years of the act or omission. The specific medical malpractice SOL in RSA 507-C:4 was declared unconstitutional by the NH Supreme Court in Carson v. Maurer (1980), so the general personal injury statute of limitations applies.
Exceptions
When the injury was not and could not reasonably have been discovered at the time of the malpractice, the 3-year period runs from the date of discovery.
The statute of limitations is tolled for minor patients until they reach age 18.
Fault & Liability Rules
The same comparative fault rules apply as in general personal injury. If the patient is 51% or more at fault (rare in medical malpractice), they recover nothing.
Damage Caps
New Hampshire does not cap compensatory damages in medical malpractice cases.
The legislature attempted to cap noneconomic damages at $250,000 under RSA 507-C:7, but the New Hampshire Supreme Court struck this down as unconstitutional in Carson v. Maurer (1980). No cap is currently in effect.
Punitive damages are prohibited by statute in New Hampshire, including in medical malpractice cases.
Filing Requirements
New Hampshire repealed its mandatory pre-trial screening panel requirement effective July 1, 2023. Medical malpractice claims now proceed directly to court without a screening panel step.
Key New Hampshire Statutes
New Hampshire's Medical Malpractice Act (RSA 507-C) remains in the statutes, but key provisions including the statute of limitations (507-C:4) and damage cap (507-C:7) have been declared unconstitutional by the NH Supreme Court. The general personal injury statutes apply instead.
Healthcare providers must obtain informed consent before treatment. Failure to adequately inform a patient of the risks, benefits, and alternatives to a procedure can be the basis for a malpractice claim.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.
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