Medical Malpractice Statute of Limitations in New Hampshire
Last verified 2026-07 · Source: N.H. Rev. Stat. Ann. § 508:4 ✓ verified · 3 sources
The deadline
3 years
from the date of the act or omission complained of, or the date the injury and its causal relationship to the act or omission were or reasonably should have been discovered, under N.H. Rev. Stat. Ann. § 508:4.
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If you're researching medical malpractice claims in New Hampshire, the single most important number is 3 years. That's how long N.H. Rev. Stat. Ann. § 508:4 gives you to file a medical malpractice claim, counted from the date of the act or omission complained of, or the date the injury and its causal relationship to the act or omission were or reasonably should have been discovered. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
New Hampshire Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 3 years | N.H. Rev. Stat. Ann. § 508:4 |
| Car Accident | 3 yrs | N.H. Rev. Stat. Ann. § 508:4, I |
| Credit Card Debt | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Wrongful Death | 3 yrs | RSA 556:11; RSA 556:12 |
| Personal Injury | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Dog Bite | 3 yrs | RSA 508:4 |
| Slip and Fall | 3 yrs | N.H. Rev. Stat. § 508:4 |
| Defamation | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Breach of Contract | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Medical Debt | 3 yrs | RSA 508:4 |
When the Clock Starts
In New Hampshire, the limitations period for medical malpractice claims generally begins on the date of the act or omission complained of, or the date the injury and its causal relationship to the act or omission were or reasonably should have been discovered. New Hampshire recognizes a discovery rule for this claim type: When the injury and its causal connection to the act or omission were not and could not reasonably have been discovered at the time, the 3-year period instead runs from the date of discovery; New Hampshire has no separate medical-malpractice statute of repose.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against State agencies and employees are adjudicated by the Board of Claims under N.H. Rev. Stat. Ann. ch. 541-B, and claims against municipalities are governed by N.H. Rev. Stat. Ann. ch. 507-B (no separate 90-day pre-suit notice period).
New Hampshire has no cap on medical-malpractice damages — the Supreme Court struck down noneconomic caps as unconstitutional in Brannigan v. Usitalo, 134 N.H. 50 (1991); expert testimony on the standard of care is required under RSA 507-E:2.
Source: N.H. Rev. Stat. Ann. § 508:4, official New Hampshire statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for New Hampshire government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How New Hampshire Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| New Hampshire | 3 years | N.H. Rev. Stat. Ann. § 508:4 |
| Maine | 3 yrs | 24 M.R.S. § 2902 |
| Massachusetts | 3 yrs | M.G.L. c. 260, § 4 |
| Vermont | 3 yrs | 12 V.S.A. § 521 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in New Hampshire?
You have 3 years from the date of the act or omission complained of, or the date the injury and its causal relationship to the act or omission were or reasonably should have been discovered, under N.H. Rev. Stat. Ann. § 508:4.
Can I still sue after 3 years in New Hampshire?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in New Hampshire?
Yes. When the injury and its causal connection to the act or omission were not and could not reasonably have been discovered at the time, the 3-year period instead runs from the date of discovery; New Hampshire has no separate medical-malpractice statute of repose.
What if the victim was a minor?
New Hampshire generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against State agencies and employees are adjudicated by the Board of Claims under N.H. Rev. Stat. Ann. ch. 541-B, and claims against municipalities are governed by N.H. Rev. Stat. Ann. ch. 507-B (no separate 90-day pre-suit notice period).
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Sources
- Official RSA 508:4 Personal Actions (New Hampshire General Court)
- Corroborating N.H. Rev. Stat. Ann. § 508:4 (Justia)
- Corroborating New Hampshire Medical Malpractice Laws and Filing Deadlines (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed New Hampshire attorney.