Health Justice Transformation - New Hampshire

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

Yes

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No, the Supreme Court has rules abolish of collateral source statute unconstitutional.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. The court has authority to order periodic payment. Specific requirements on medical malpractice cases have been ruled unconstitutional.

Limitation of Plaintiff’s Attorneys Fees

The court must approve fees for actions resulting in judgments of $200,000 or more. Specific limits on medical malpractice cases have been ruled unconstitutional.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

By written agreement of all of the parties, a pre-litigation screening panel may be used and whose findings are binding. The panel shall submit a written opinion determining whether the acts or omissions of the defendant deviated from the applicable standard of care and proximately cause the injury complained of, and if so, whether the negligence of the plaintiff was equal to or greater than that of the defendant. The findings of the panel are confidential and may not be introduced into evidence.

Standards for Expert Testimony/Witness

Expert testimony is required to establish negligence.