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New Hampshire medical malpractice law

In New Hampshire, you generally have 3 years to file a medical malpractice claim from the date of the treatment. See damage caps and expert rules for 2026.

Sources checked

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Malpractice lawyers in New Hampshire

We're still putting together the New Hampshire list. A free case review reaches a lawyer who serves the state in the meantime, and you'll see your likely filing deadline.

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How a malpractice claim usually moves in New Hampshire

  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.Start the claim in time

    Your lawyer starts the claim before the deadline.

  6. 6.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Your deadline: 3 years from the treatment

New Hampshire rules at a glance

Work out your deadline
Filing deadline
3 years from the treatment
Damage caps
No cap
Before you file
No notice or affidavit needed
Shared fault
Modified comparative (51% bar)
Full New Hampshire law guidedeadlines, caps, children, experts and sources

Example: treatment and discovery six months ago

  • TreatmentMay 7, 2026
  • Likely deadlineMay 7, 2029
The filing deadline in New Hampshire
  1. The clock startsOn the day of the treatment
  2. Time to start a claim3 yearsMiss it and the claim is usually lost.
Limits on damages in New Hampshire
  • Pain and sufferingNo cap
  • All damages togetherNo overall cap

The rules in New Hampshire

Filing deadline

3 years

Counted from the treatment. File within 3 years of the act or omission. If the injury and its cause could not reasonably have been discovered then, you have 3 years from discovery.

N.H. Rev. Stat. Ann. § 508:4, I

Discovery rule

Applies

Yes. The plaintiff must show the injury and its link to the care could not reasonably have been discovered earlier.

Outer limit

None found

We found no statute of repose for New Hampshire.

Damage caps

No cap. New Hampshire's medical malpractice cap was struck down (Carson v. Maurer, 1980), and a later $875,000 cap was struck down in Brannigan v. Usitalo (1991).

No damage caps are enforced in New Hampshire medical malpractice cases.

Source

Children

Different clock

A minor may sue within 2 years after turning 18.

Affidavit of merit

Not required

No affidavit of merit. The former mandatory screening panel (RSA 519-B) was repealed effective July 1, 2023.

Notice before suing

Not required

No pre-suit notice requirement.

Shared fault

Modified comparative (51% bar)

Modified comparative fault: barred above 50% of the fault

Experts

Expert evidence

The expert must generally have education, training and board certification similar to the defendant's (N.H. Rev. Stat. Ann. § 507-E:2).

The medical injury statute in RSA chapter 507-E sets out the elements the patient must prove with expert testimony.

Sources

  1. New Hampshire RSA 508:4, New Hampshire General Court
  2. New Hampshire RSA 508:8, New Hampshire General Court
  3. New Hampshire Medical Malpractice Laws and Statutory Rules, AllLaw (Nolo)
  4. State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
  5. Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.

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