What is the legal definition of medical malpractice?
Medical malpractice is defined as the failure of a health care facility or health care personnel to provide a recognized medical standard of care. This type of personal injury occurs when error, incompetence, misconduct or negligence of a doctor or hospital causes injury to a patient. When an injury occurs, a facility or medical practitioner can be held liable allowing the victim to file a medical malpractice lawsuit.
How does medical malpractice occur?
Medical malpractice can occur in many areas of care. The following are the most common:
- Physician's misdiagnosis or failure to diagnose a problem
- Anesthesia errors
- Emergency room and hospital errors
- Equipment failure
- Operating on the wrong part of the patient
- Infections in hospitals
- Post operative infections
- Laboratory mistakes
- Prescription errors
- Nursing mistakes
- Failure to treat patient in a timely manner
What New Hampshire laws pertain to medical malpractice?
New Hampshire law states that when a plaintiff files a medical malpractice claim, he or she must shoulder the burden of proof. Section §507-E:2 of Title LII states that the plaintiff must prove the following:
- Through testimony, expert and competent witnesses must be able to show that the plaintiff's claim is valid.
- The plaintiff must show that the medical care provider failed to act in accordance with the standard of reasonable medical treatment.
- The plaintiff must show proximate causes, i.e., that the injuries suffered would not have occurred if he or she had received the standard of reasonable medical care.
Some states have placed a cap on how much compensation a victim can receive from medical malpractice claims. There's no cap on a New Hampshire medical malpractice lawsuit, allowing you to receive the compensation you deserve.
The Statute of Limitations for medical malpractice in New Hampshire has a confusing history. Still on the books is a law stating that there is a two year statute of limitations. However, that statute has been judged to be unconstitutional and the general statute of limitations is now three years from the date that the discovery of the injury has been made.
Why is a medical malpractice lawyer important?
Proving that medical personnel are guilty of medical malpractice is complex and expensive. If you feel you have been a victim of medical malpractice, consult with a personal injury attorney who has a great deal of experience in this particular field of law. An experienced attorney will have the resources to pay for pre-trial evidence expenses and court costs. Almost all personal injury attorneys with a medical malpractice specialty work on a contingency basis — meaning they will not charge you anything unless they win the case for you.