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★ New Hampshire · medical negligence

Medical negligence settlements
in New Hampshire.

By 9 min read

After knee surgery in January 2018, Lisa Chartier reported calf soreness at several visits; her husband was driving her home when she collapsed. The Supreme Court revived his own emotional distress claim in 2023. In 2012 the court held that parts of the state’s medical injury screening panel law violate the right to a jury trial.

Facts that decide a medical negligence claim in New Hampshire

Screening panelsRSA 519-B set up medical injury screening panels, and parts of RSA 519-B:8 to :10 were held to violate the state jury trial right.In re Southern New Hampshire Medical Center (N.H. 2012)
Bystander distressA spouse’s distress from watching the result of medical negligence was not too attenuated to recover as a matter of law.Chartier v. Apple Therapy of Londonderry (N.H. 2023)
Fault ruleYour fault is compared with the combined fault of everyone to blame, including an immune employer; in Ocasio a 6 percent share did not bar recovery against a 4 percent defendant.RSA 507:7-d, :7-e; Ocasio v. Federal Express (N.H. 2011)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. New Hampshire's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in New Hampshire. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case
★ NH · reported medical negligence outcomes

What New Hampshire courts have awarded.

Real New Hampshire decisions and verdicts, each linked to the court record or official report.

  • Chartier v. Apple Therapy of Londonderry
    New Hampshire Supreme Court · 2023
    Summary judgment vacated

    Dr. Killie operated on Lisa Chartier’s left knee on January 5, 2018; she had a raised risk of deep vein thrombosis. She reported calf soreness to physical therapists and to the surgeon, who called it normal. On January 17, driving home with her husband Marc, she struggled to breathe and passed out twice. The court held his emotional distress claim could proceed.

  • In re Southern New Hampshire Medical Center
    New Hampshire Supreme Court · 2012
    Affirmed in part, reversed in part

    After a two day screening panel hearing in December 2010, the panel unanimously found the providers had not deviated from the standard of care in the Parker estate’s malpractice case. The estate argued the panel statutes were unconstitutional. The court held that portions violate the state constitutional right to a jury trial.

★ NH · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in New Hampshire.

  1. 1

    Report every symptom after surgery and ask what it means; Chartier’s calf soreness was recorded at several visits.

  2. 2

    A family member who witnesses the harm may have a claim of their own.

  3. 3

    Check whether a screening panel step applies to your case before filing.

★ NH · statute of limitations
3 years from date of injury

N.H. Rev. Stat. § 508:4

★ NH · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How New Hampshire's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
New Hampshire · you are hereModified comparative, 51% bar3 years from date of injury—
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · medical negligence →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · medical negligence →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · medical negligence →
Rhode IslandPure comparative negligence3 years from date of injuryRI · medical negligence →
VermontModified comparative, 51% bar3 years from date of injuryVT · medical negligence →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
OhioModified comparative, 51% bar2 years from date of injuryOH · medical negligence →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · medical negligence →
OregonModified comparative, 51% bar2 years from date of injuryOR · medical negligence →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · medical negligence →
New MexicoPure comparative negligence3 years from date of injuryNM · medical negligence →
North CarolinaPure contributory negligence3 years from date of injuryNC · medical negligence →
★ NH · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NH
New Hampshire overview

Fault rule, statute, caps, and key facts for New Hampshire as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for New Hampshire's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Hampshire. See /methodology, /sources, and /disclaimer.