NEW HAMPSHIRE REFORMS

Frivolous Lawsuit Sanction: HB 513 (1986).  Allows a court to assess penalties for frivolous lawsuits.

Good Samaritan Protection: HB 237 (1988).  Protects volunteers from civil liability.

Joint and Several Liability Reform: SB 110 (1990): N.H. Rev. Stat. Ann. § 507:7-e.  Bars application of the rule of joint and several liability in the recovery of all damages from defendants found to be less than 50% at fault.

Medical Liability Reform/Pretrial Screening Panels: SB 214 (2005); RSA 519-B:1 through RSA 519-B:12. Creates a pre-trial screening panel requiring all medical liability cases go before a three person panel: a judge, an attorney & a health care practitioner of the same or similar specialty as the defendant.  SB 214 does not restrict anyone's right to a jury trial.  The panel helps plaintiffs with smaller cases because panel expenses are less.  SB 214 requires the panel to decide negligence based on a       preponderance of evidence (more likely than not), thus encouraging the dropping of non-meritorious cases or quicker settlement of meritorious cases.  Only unanimous decisions by the panel are admissible in any future trial.  S.B. 214 also creates a legislative oversight committee that will look at data over the next few years to determine if the new panel system is working.  The bill requires liability insurers to report certain data to the New Hampshire Department of Insurance annually.

Medical Liability Reform: Collateral Source Rule Reform: A New Hampshire statute abolishing the collateral source rule was found to be unconstitutional in Carson v. Maurer, 424 A.2d 825 (N.H. 1980).

Medical Liability Reform: Contingent Fee Reform: N.H. Rev. Stat. Ann. § 508:4-e.  Requires a court to approve contingent fees exceeding $200,000 in medical liability cases.

Medical Liability Reform: Good Samaritan Protection: Retired Physicians: HB 1509 (1996); RSA 329:25-a.  Grants certain retired physicians immunity from civil liability for volunteer health educational services.

Medical Liability Reform: Noneconomic Damages Reform: A New Hampshire law setting a $250,000 limit on noneconomic damages in medical liability cases was held unconstitutional in Carson v. Maurer, 424 A.2d 825 (N.H. 1980). A $875,000 cap on noneconomic damages was held unconstitutional in Brannigan v. Usitalso, 587 A.2d 1232 (N.H. 1980)). 

Medical Liability Reform: Periodic Payment of Future Damages: N.H. Rev. Stat. Ann. § 524:6-a.  Allows a court to order the periodic payment of future damages in medical liability cases.

Noneconomic Damages Reform: HB 513 (1986).  Limits noneconomic damages to $875,000.  The statute limiting recovery for noneconomic loss to $875,000 in personal injury actions violated the equal protection provision of the State Constitution.  Brannigan v. Usitalo, 587 A.2d 1232 (N.H. 1991).  

Prejudgment Interest Reform: HB 140 (2001); Amended RSA 336:1.  Sets the prejudgment interest rate at the 26-week discount U.S. Treasury Bill rate.

Product Liability Reform: SB 76 (1993); RSA 359-F.  Establishes a right of indemnification for New Hampshire manufacturers from a claim for damages by the original purchaser of a product, where the product was significantly altered after it left the New Hampshire manufacturer’s control.

Product Liability Reform: Study Committee: SB 339 (1992); RSA 411-A.  Establishes a committee to study the impact of product liability on New Hampshire businesses.

Product Liability Reform: State of the Art Defense: HB 936 (1988).  Provides a state of the art defense for defendants in product liability cases.

Punitive Damages Reform: HB 513 (1986).  Prohibits the award of punitive damages.