Most tort actions are governed by a three year statute of limitations. However, tort actions against the federal government are governed by the Federal Tort Claims Act (FTCA), which has a shorter statute of limitations. Examples of tort actions subject to the FTCA...
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Medical Malpractice
Medical Malpractice
Federal District Court Decides Motion to Dismiss in Exeter Hospital Contribution Action
On September 4, 2014, the United States District Court for the District of New Hampshire dismissed one of two contribution claims filed by Exeter Hospital based on the lawsuits filed against it by patients infected with Hepatitis C. The patients were infected with...
A Trap for the Unwary
The First Circuit Court of Appeals recently dismissed a medical malpractice case because the plaintiffs did not comply with the two year statute of limitations applicable to tort claims against federal employees. See Sanchez v. United States, ___F.3d ____ (1st Cir....
Ropivacaine Overdose was Preventable
On October 25, 2011, the plaintiff, age 53, was recovering from surgery at the defendant hospital. The surgery was uneventful and he was doing well postoperatively. The nurse changed the bag of his epidural pain medication, Ropivicaine (Naropin), which was...
Hospitals Must Report Certain Adverse Events
In New Hampshire and other states, hospitals are required to report the occurrance of certain bad outcomes. In New Hampshire, these egregious medical errors are termed “adverse events.” Examples of such adverse events include surgery...
$1.5 Million jury verdict to family of deceased 36 year old despite the finding of a medical malpractice screening panel
On June 7, 2013, a Hillsborough County jury found that the defendants, a cardiologist and a cardiology group, were negligent when they failed to timely diagnose and treat coronary artery disease. Bill Landry Jr. passed out several times between April and September of...
Settlement Following Death of a Two-Month Old Infant Due to a Delayed Diagnosis of Bacterial Meningitis
Our office recently settled a case involving the death of a two-month old infant following a delayed diagnosis of bacterial meningitis. The infant presented to the hospital with signs of a serious bacterial infection, including high fever, grunting, poor feeding,...
Early Offer Law is Unfair to Injured Patients
The early offer law became effective in our state on January 1, 2013. This law, which was passed over Governor Lynch’s veto, permits medical providers to make early settlement offers to patients injured by medical negligence that excludes damages that are allowed...
