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HB290: relative to the burden of proof in medical injury cases.
Bill details
Version history, amendments, and roll-call votes were not present in the imported local bill data.
Sponsors
- Craig House ยท Hills 50
Topics
Criminal justice and courts Health care
Official links
HB 290 - AS INTRODUCED
2003 SESSION
03-0569
06/01
HOUSE BILL 290
AN ACT relative to the burden of proof in medical injury cases.
ANALYSIS
This bill establishes the plaintiff's burden of proof in medical injury actions where the plaintiff claims that the medical care provider's negligence aggravated the plaintiff's injury and deprived him or her of a substantially better outcome.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0569
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to the burden of proof in medical injury cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Burden of Proof; Pre-existing Injury; Deprivation of a Substantially Better Outcome. Amend RSA 507-E:2 by inserting after paragraph II the following new paragraph:
III. Without limiting the applicability of paragraph I of this section, where the plaintiff claims that the medical care provider's negligence aggravated the plaintiff's preexisting injury, the plaintiff shall have the burden of proving that the provider's negligence deprived the plaintiff of a substantially better outcome; and must present expert testimony to provide the trier of fact with a basis upon which to distinguish that portion of the plaintiff's injury caused by the medical care provider's negligence from the portion resulting from the underlying injury.
2 Effective Date. This act shall take effect January 1, 2004.