Before bringing a claim of medical malpractice against a healthcare provider is making certain that you are permitted to do so. New Hampshire law mandates that an action for personal injury must be filed within three years from the date the cause of action accrues.  This time limitation is known as the “statute of limitations” which refers to the period from the time an injury occurs or is discovered to the final date on which a medical malpractice lawsuit can be filed.
If you decide to bring an action after the statute of limitations have passed, a court can dismiss your case and you will be left with no other legal option to pursue justice. This is the case with even the best medical malpractice attorneys on your side. The reason behind placing a time limitation on when you may file a medical malpractice claim is based on the notion that a court is interested in credible evidence in order to establish a credible cause of action. As time passes, it is possible that the crucial evidence that would initially aid your case would become less compelling, making your case all the more difficult to prove.
An important note is that New Hampshire law states that the statute of limitations clock does not begin to run until your injury has been, or should have been, discovered. This rule is known as the “discovery rule.” Once you discover, or should have discovered, your injury, the three-year window to file your lawsuit begins. If the lawsuit is being brought against a federally-funded physician or medical facility, the case must be filed within two years of the injury occurring. Our Manchester, NH based medical malpractice lawyers can help.