What Are The Key Elements of a Wrongful Death Claim in New Hampshire?

Is Portsmouth Regional Hospital in New Hampshire facing an understaffing “crisis”? One former employee who worked at the hospital for 20 years says that the hospital is severely understaffed. The former employee recently filed a wrongful termination lawsuit claiming that the hospital fired her for complaining about the hospital’s understaffing “crisis.” The former employer who was the emergency services directed until the hospital terminated her employment, alleges that hospital understaffing led to the wrongful death of a patient.

A hospital spokesman denied the allegations of the lawsuit. She stated that if there is “any issue involving public safety,” the hospital will “act quickly and decisively to protect our patients.” The hospital also denies that a lack of adequate staff resulted in a patient’s death in October 2018.

In the complaint, the former employee alleges that the hospital accepted all transfer patients. This custom and practice allegedly caused an influx of emergency patients that often far exceeded the capacity of the Hospital’s Emergency Department. According to the complaint, when the nurse-to-patient ratio is so low, the Hospital staff cannot provide adequate care.

What are the Key Elements of a Wrongful Death Claim in New Hampshire?

If you have lost a family member or loved one due to someone else’s negligence, you are likely suffering from grief. You may be overwhelmed and wondering what you should do next. Compensation can never alleviate the pain that results from the loss of a loved one, but it can ease your financial burdens.

In New Hampshire, wrongful death happens when one individual’s negligent or reckless actions cause someone’s death. To succeed in a New Hampshire wrongful death lawsuit, the plaintiff must demonstrate the following elements:

  • The defendant’s negligent, reckless or purposeful actions fully or partially caused the victim’s death
  • Spouses, children, or other surviving beneficiaries exist and can file a wrongful death claim
  • The victim’s wrongful death resulted in monetary damages such as medical costs and a loss of income

Who can File a New Hampshire Wrongful Death Claim?

Spouses, children, parents, and any other immediate family members can file a wrongful death lawsuit on behalf of their deceased loved one. In New Hampshire, family members or spouses of the deceased must file the wrongful death lawsuit within three years of the day that their loved one died. If the family does not submit the lawsuit within the statute of limitations period, or a court will bar the suit.

The New Hampshire Wrongful Death Attorneys at Ward Law can Help You

Many situations can lead to wrongful death lawsuits. A hospital chronically and knowingly understaffing their facilities could cause a patient’s wrongful death. A negligent or reckless driver could cause a car accident that results in a wrongful death lawsuit. Whatever the cause, if your loved one died due to someone else’s negligent actions, you may be entitled to compensation. The skilled Manchester wrongful death attorneys at Ward Law can help you file a wrongful death lawsuit on behalf of your loved one. Contact one of our experienced Manchester attorneys today to set up your consultation.