New Hampshire · Medical Malpractice
New Hampshire medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 2 years from act or omission (3 years for bodily injury generally). Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
Cap ruled unconstitutional in Brannigan v. Usitalo (1991) on equal protection grounds (burden imposed solely on severely injured).
Statute of limitations
NH Rev. Stat. § 507-C:4Standard SOL
2 years from act or omission (3 years for bodily injury generally)
Discovery rule
Very limited; only applies to foreign objects left in body. No general discovery rule.
Statute of repose
None specific (general SOL serves as limit)
Minor exception
Tolled during minority; SOL begins at age 18
Wrongful death SOL
3 years from date of death
Notes
One of the most restrictive discovery rules - limited to foreign object cases only.
Beyond the lookup: New Hampshire venue intelligence
Med-mal attorneys filing in New Hampshire use Medistill for the next layer: state-specific verdict distributions, closed claims studies by specialty, NPDB-derived settlement bands, expert witness rosters with Daubert history, and 150+ compliance sources per defendant provider. Free 50 credits to start.
New Hampshire med-mal FAQ
What is the medical malpractice statute of limitations in New Hampshire?+
2 years from act or omission (3 years for bodily injury generally). Very limited; only applies to foreign objects left in body. No general discovery rule. Statute of repose: None specific (general SOL serves as limit). Wrongful death: 3 years from date of death. One of the most restrictive discovery rules - limited to foreign object cases only. Source: NH Rev. Stat. § 507-C:4.
Does New Hampshire have a medical malpractice damage cap?+
No active cap. Cap ruled unconstitutional in Brannigan v. Usitalo (1991) on equal protection grounds (burden imposed solely on severely injured).
How does New Hampshire handle the discovery rule in med-mal cases?+
Very limited; only applies to foreign objects left in body. No general discovery rule.
What is the New Hampshire minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18
What is the wrongful death statute of limitations for New Hampshire medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. New Hampshire damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed New Hampshire attorney before relying on a deadline. Data refreshed May 2026.