New Hampshire Nursing Home Laws

New Hampshire Nursing Home Injury Law | NH Firm

Nursing Home Negligence or Abuse

Statute of Limitations N.H. Rev. Stat. Ann. §508:4

  • Three years from when the injury was discovered, or reasonably should have been discovered.

Damages Cap

  • None. Previous damage caps have been held unconstitutional. Carson v. Maurer 120 N.H. 925, 429A.2d 825 (1980) and Brannigan v. Usitalso 134 N.H. 50, 587A.2d1232 (1991)
  • Punitive damages are not allowed in any action unless provided by statute. N.H. Rev. Stat. Ann. § 507:16
  • Enhanced compensatory damages are allowed in cases of actual malice - meaning ill will, hatred, hostility, or evil motive on the part of the defendant.

Medical Malpractice

Statute of Limitations

  • Two years, which has been held unconstitutional. Carson v. Maurer 120 N.H. 925, 429A.2d 825 (1980)
  • The general statute for personal injury is three years from when the injury was discovered, or reasonably should have been discovered. Infant or mentally disabled individuals have until two years after the disability has lifted to file a claim. N.H. Rev. Stat. Ann. §508:8

Damages Cap

  • None. Previous damage caps have been held unconstitutional. Carson v. Maurer 120 N.H. 925, 429A.2d 825 (1980) and Brannigan v. Usitalso 134 N.H. 50, 587A.2d1232 (1991)

Wrongful Death

Statute of Limitations

  • Three years.

Damages Cap N.H. Rev. Stat. Ann. §§556:12 and 556:13

  • Damages for loss of spousal consortium in wrongful death cases are limited to $150,000.
  • Damages for loss of familial consortium in wrongful death cases are limited to $50,000 per claimant.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.