RSA 332-N:3 · Private Right of Action

332-N:3 Private Right of Action. –

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I.

A minor aggrieved by a violation of this chapter may bring an action in the superior court for damages and injunctive relief against any person who has committed a violation of this chapter.

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II.

An individual under 18 years of age may bring an action during their minority through a parent or next friend, or may bring an action in their own name upon reaching majority. A person shall bring a claim for a violation of this chapter no later than 2 years after the minor aggrieved by violation of this chapter reaches the age of majority.

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III.

Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

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IV.

Notwithstanding RSA 507-E or any other provision of law, the plaintiff may recover damages for all injuries, including but not limited to any costs incurred for any subsequent procedures, therapies, prescriptions, or other treatments related to the unlawful medical procedure or treatment.

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V.

In any action or proceeding to enforce a provision of this chapter, a prevailing party who establishes a violation of this chapter shall recover reasonable attorneys' fees.

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VI.

(a) The attorney general shall have authority to bring suit to enforce compliance with this chapter.

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(b)

This chapter shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the state of New Hampshire, or any agency, officer, or employee of the state, acting under any law other than this chapter, to institute or intervene in any proceeding. Source. 2025, 275:2, eff. Jan. 1, 2026.

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