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Statute of Limitations

Actions must commence within 2 years of the date of the act or omission causing the injury, unless the action is based upon discovery of a foreign object which is not discovered and could not reasonably have been discovered within the 2-year period, the action may be commenced within 2 years of the date the object was or reasonably should have been discovered.

Comparative or contributory negligence

modified doctrine of comparative negligence, a claimant's action is barred only if his fault exceeds the combined fault of all defendants

Nature of accused's liability

Joint defendants are generally jointly and severally liable. However, any defendant who is less than 50% at fault is only severally liable, that is, liable only for that portion of the claimant's damages equal to the tortfeasor's share of fault

Law of contribution

A right of contribution exists among joint tortfeasors who are jointly and severally liable. A joint tortfeasor who has paid more than his adjudged proportionate share of the obligation may recover a judgment for contribution

Expert testimony standards

A medical expert witness must be competent and qualified to supervise or administer equivalent care to the defendant's medical specialty.

Limits on compensation

none

Limits on attorney fees

contingent fees limited to 50% of the first $1,000, 40% of the next $2,000, 1/3 of the next $97,000, and 20% of any recovery in excess of $100,000. However, for actions involving infants or incompetent persons, an additional limit applies, any amount recovered up to $50,000 may not exceed 25%

Collateral Source rule enforced

a defendant may not seek to reduce its liability by submitting evidence that the plaintiff has received compensation from other sources.

State and local health care providers immune from liabaility

The state of New Hampshire is not immune from liability.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability