When you visit a doctor or check into a hospital, you place your trust in the hands of trained professionals. Most of the time, they deliver the care you need. But mistakes can happen, and the consequences can be devastating when they do. Medical malpractice is a serious issue across the country, including in New Hampshire. Understanding common forms of malpractice and your rights as a patient is essential if something goes wrong.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional or facility provides care that falls below the accepted standard, causing harm to the patient. This could be due to negligence, errors, or omissions in treatment. To pursue a malpractice claim in New Hampshire, you must show that the provider failed to meet the standard of care and that their action (or inaction) directly caused your injury.
Common Forms of Medical Malpractice
While every case is unique, specific medical errors are more common than others. Understanding these can help you recognize when malpractice may have occurred.
Misdiagnosis or Delayed Diagnosis
Failure to diagnose a condition correctly—or it is too late—can seriously harm a patient. For instance:
- Cancer patients may lose valuable treatment time due to a delayed diagnosis.
- Misdiagnosing heart ailments as something less severe can lead to fatal consequences.
Doctors are not expected to be perfect, but they are required to follow accepted diagnostic protocols. If a reasonably competent doctor would have diagnosed you earlier, you may have grounds for a claim.
Surgical Errors
Surgery inherently carries risks, but some mistakes are entirely avoidable. Examples of surgical malpractice include:
- Performing surgery on the wrong body part
- Leaving surgical instruments inside the patient
- Anesthesia errors, which can result in brain damage or even death
New Hampshire hospitals take patient safety seriously, but errors occur due to negligence or overworked staff.
Medication Mistakes
Medication errors can happen in hospitals, pharmacies, or doctor’s offices. They include:
- Prescribing the wrong medication
- Administering the incorrect dosage
- Failing to account for allergies or drug interactions
Patients who are given the wrong drug, for example, may suffer toxic side effects or fail to treat the condition they initially sought care for.
Birth Injuries
Childbirth is a critical period where medical errors can have lifelong implications for the baby, mother, or both. Common examples include:
- Failing to monitor fetal distress
- Improper use of forceps or vacuum extractors
- Neglecting to perform a timely C-section
Birth injuries can lead to conditions such as cerebral palsy, brain damage, or fractures.
Failure to Obtain Consent
Before performing any invasive procedure or treatment, healthcare providers must obtain informed consent from the patient. This means the patient understands the risks, benefits, and alternatives. Even if the procedure is successful, performing it without consent could still be considered malpractice.
Nursing Negligence
Nurses play a vital role in patient care, and negligence on their part can lead to harm. This could include:
- Failure to monitor vital signs
- Administering the wrong medication
- Ignoring a doctor’s instructions
Improper Treatment
Even when the diagnosis is correct, providing the wrong or inadequate treatment could still be considered malpractice. For example:
- Prescribing a treatment that is not standard for the condition
- Failing to follow up or monitor the treatment’s progress
Legal Considerations for Medical Malpractice in New Hampshire
New Hampshire has specific laws and procedures for pursuing a medical malpractice claim. Knowing these legal details can help you understand your rights and responsibilities.
Statute of Limitations
Under New Hampshire law, you have three years from the date of injury to file a malpractice lawsuit. If the injury was not immediately apparent, this three-year window may begin when the harm is discovered. However, minors and incapacitated individuals might have different timeframes, so consulting a lawyer is essential.
Pre-Litigation Screening Panel
Before a malpractice case can go to court in New Hampshire, it must go through a pre-litigation screening panel. This panel reviews the case to determine whether malpractice likely occurred. While the panel’s findings are not necessarily binding, they can influence how the case proceeds.
Affidavit of Merit
A key requirement in New Hampshire is securing an affidavit of merit. This statement from a qualified medical expert supports your claim and shows that the defendant’s actions violated the recognized standard of care.
Damage Caps
Unlike some other states, New Hampshire does not impose caps on economic damages (like medical expenses or lost wages) or non-economic damages (such as pain and suffering). This means there is no upper limit to the compensation you could recover in a successful claim.
Comparative Fault
New Hampshire follows a modified comparative fault system. This means if the patient is partially responsible for their injury, their compensation may be reduced by their percentage of fault. However, if the patient is more than 50% at fault, they cannot recover damages.
What Should You Do If You Suspect Malpractice?
If you believe you or a loved one has been a victim of medical malpractice, it’s important to act quickly. Here are some steps to follow:
- Request Your Medical Records: These will help you verify what went wrong and whether malpractice occurred.
- Consult a Medical Malpractice Lawyer: An experienced attorney can evaluate your case, help you collect evidence, and guide you through the legal process.
- Follow Your Treatment Plan: Even if you suspect malpractice, continue following your current doctor’s advice to avoid worsening your condition.
New Hampshire Medical Malpractice Lawyers
Navigating the complexities of a medical malpractice case can be overwhelming, but with the right guidance and resources, victims can pursue the justice and compensation they deserve. At Upton & Hatfield, LLP, we are committed to providing expert legal representation for medical malpractice cases in Concord, NH, and the surrounding areas. Our experienced attorneys understand the nuances of New Hampshire's legal system and are dedicated to helping clients achieve favorable outcomes. If you or a loved one has been affected by medical malpractice, we encourage you to contact us today at (603) 716-9777 to discuss your case and explore your legal options. Let us help you take the first step towards recovery and justice.