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The Collateral Source Rule in New Hampshire Medical Malpractice Claims

When a person is suffering from an illness, injury, or is in need of a medical procedure, they put a lot of trust into the medical professionals who will care for them while undergoing treatment. Unfortunately, despite owing patients a duty of care, some medical professionals like doctors or nurses may act negligently and cause harm to their patients as a result. If you were injured as a result of medical malpractice, you deserve to be compensated for any losses you may have suffered as a result. As you go through the New Hampshire medical malpractice claims process, you may be wondering how the collateral source rule may affect your claim as you pursue the maximum amount in compensation that you are owed. 

The New Hampshire attorneys at Sweeney Merrigan Personal Injury Lawyers are dedicated to achieving the best possible outcomes for their clients as they pursue justice after they have suffered an injury due to medical malpractice. To schedule a free consultation with one of our top-rated lawyers and learn more about how our medical malpractice team can help you better understand the collateral source rule, call our office at 617-391-9001 or complete our contact form today. 

What Is New Hampshire’s Collateral Source Rule?

Suffering an injury due to the negligence of a medical professional can be traumatic. As you work to pursue justice by filing a medical malpractice claim, it is important that you understand how New Hampshire’s collateral source rule may affect your case. 

The collateral source rule is a law that prevents the reduction of compensation awarded to victims of accidents for injury, illness, or disability by the amount already recovered from a third party insurance claim. Generally, this rule mandates that damages awarded to a medical malpractice victim in court cannot be reduced by any amount that is paid from sources like health insurance or workers’ compensation. To ensure that your compensation is covered and protected by New Hampshire’s collateral source rule when filing your medical malpractice case, contact one of our trusted lawyers as soon as possible. 

How Can a New Hampshire Medical Malpractice Lawyer Help With Your Case?

Whether you were getting routine medical procedures done or were undergoing a serious surgery, you deserve to be cared for by the doctors, nurses, and other medical professionals to the best of their abilities. If a medical professional failed to uphold their duty of care while you were their patient, you may have cause to file a claim to pursue compensation for your losses regardless of if you have received benefits from a third party like medicaid or other insurance providers already. 

When you work with our team of New Hampshire attorneys at Sweeney Merrigan Personal Injury Lawyers, we will provide you with the following benefits:

  • We will conduct a full and in depth investigation into your case
  • We will help collect necessary evidence like medical records and other expenses
  • We will interview expert witnesses for your claim
  • We will provide you with knowledge throughout each steps of the legal process

The top-rated  medical malpractice legal team at Sweeney Merrigan Personal Injury Lawyers offers dedicated representation to victims of medical negligence by handling all aspects of their claims and offering legal guidance to obtain the fair compensation they deserve by protecting their rights as detailed in the collateral source rule. J. Tucker Merrigan and Kyle A. Camilleri provide top-of-the-line medical malpractice litigation in New Hampshire and have earned a reputation for success with awards such as Rising Star, Super Lawyers, Top 40 Under 40, National Trial Lawyers, and Top Attorney Award. 

Can You Collect Damages for a Medical Malpractice Claim in New Hampshire?

After suffering an injury as a result of the negligence of a medical professional, you may be eligible to receive compensation for the losses you have suffered as a result. Some of the damages you may be able to collect after suffering from medical malpractice in New Hampshire include:

  • Current and future medical expenses
  • Lost wages and earning potential
  • Significant disfigurement or disability
  • Emotional distress
  • Loss of enjoyment of life
  • Pain and suffering
  • Wrongful death

If you are unsure what damages you may be eligible for, one of our medical malpractice lawyers can help by going over the details of your unique case.

Speak to a New Hampshire Medical Malpractice Lawyer Today

At Sweeney Merrigan Personal Injury Lawyers, we have the knowledge and experience to determine how much you are owed in compensation and your best legal options moving forward. We will help you pursue justice and have secured hundreds of millions of dollars in damages, holding medical professionals accountable for the losses they have caused due to their negligence. Schedule a free consultation with a skilled medical malpractice lawyer today at 617-391-9001, or fill out our contact form

Types of Diagnostic Errors in New Hampshire

Unfortunately, there are several errors doctors can make when diagnosing patients. The error may be classified as medical malpractice when a misdiagnosis occurs due to a healthcare professional’s negligence. While no two instances of medical malpractice are precisely alike, many share similarities. A few of the most common types of diagnostic errors in New Hampshire include the following:

  • Incorrect diagnosis
  • Missed diagnosis
  • Late diagnosis
  • Failure to respond to complications
  • Failure to recognize and diagnose related illnesses
  • Failure to recognize and diagnose unrelated illnesses

It is important to note that misdiagnosis alone does not constitute medical malpractice. However, if the doctor acted unreasonably or deviated from a diagnosis other doctors would make in a similar scenario, the misdiagnosis may be an instance of malpractice. When you partner with one of the skilled attorneys at Sweeney Merrigan Personal Injury Lawyers, we will investigate every detail of your case to help you hold the negligent party responsible for the losses you have suffered. 

The Statute of Limitations for New Hampshire Medical Malpractice Cases

Like many states, New Hampshire follows a time limit or statute of limitations for when medical malpractice cases can be filed. The deadline in New Hampshire is three years from the date of misdiagnosis. However, not all injuries from a misdiagnosis incident are apparent right away. In fact, it may take months or years to receive the correct diagnosis from another healthcare provider. 

Fortunately, New Hampshire abides by the discovery rule. This means that the three-year time limit would start on the date you discovered the malpractice rather than when it initially occurred. When you work with a skilled medical malpractice attorney, they will go over every detail of your case to determine whether or not the discovery rule applies to your unique situation.

Many victims of medical malpractice and their families may believe three years is more than enough time to file a claim for compensation. However, it is essential to contact a New Hampshire misdiagnosis lawyer to start your claim as soon as possible. Critical evidence for your case may be lost or destroyed over time. Additionally, witnesses may forget what they saw when the incident occurred. Acting quickly will allow your New Hampshire failure to diagnose attorney time to thoroughly investigate your case and collect vital evidence to support your claim. 

Damages You May Be Eligible to Collect Through a Misdiagnosis Claim in New Hampshire

A misdiagnosis may lead to higher medical costs than if you were diagnosed correctly. These expenses can add up quickly, overwhelming victims and their families. If you are a victim of misdiagnosis in New Hampshire, the highly-qualified attorneys at Sweeney Merrigan Personal Injury Lawyers may be able to help you obtain monetary compensation for the losses you have endured. Some of the damages we may be able to help you collect include the following:

  • Current and future medical expenses
  • Lost wages and earning potential
  • Emotional distress
  • Loss of enjoyment in life
  • Significant disability or disfigurement
  • Pain and suffering
  • Wrongful death

Our attorneys will work with you to understand your case and determine which damages you may be eligible to collect. We are committed to seeking the maximum amount of compensation available for our clients so they can achieve the justice they deserve. 

Speak With a New Hampshire Misdiagnosis Attorney at Sweeney Merrigan Personal Injury Lawyers

A misdiagnosis can turn your life upside down and leave you unsure of your next steps. If you are a victim of misdiagnosis in New Hampshire, the experienced attorneys at Sweeney Merrigan Personal Injury Lawyers may be able to help. Our passionate medical malpractice team includes attorneys like Kyle A. Camilleri and Jessica M. Gray. Our unparalleled team has over 100 years of combined experience and has recovered hundreds of millions of dollars in damages for our clients. To learn more about what our team can do for you, give us a call at (617) 391-9001 or complete our contact form today.

Meet the Personal Injury Attorneys at Sweeney Merrigan Law, LLP