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). 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 (1997).
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). Sets the prejudgment interest rate at
the 26-week discount U.S. Treasury Bill rate.
Product
Liability Reform: SB 76 (1993). 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). 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.