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2018 New Hampshire Revised Statutes
Title LIII - Proceedings in Court
Chapter 519-B - Screening Panels for Medical Injury Claims
Section 519-B:6 - Findings by Panel.
Universal Citation: NH Rev Stat § 519-B:6 (2018)
519-B:6 Findings by Panel. –
I. At the conclusion of the presentations, the panel shall make its findings regarding negligence and causation in writing within 30 days by answering the following questions:
(a) Whether the acts or omissions complained of constitute a deviation from the applicable standard of care by the medical care provider charged with that care;
(b) Whether the acts or omissions complained of proximately caused the injury complained of; and
(c) If fault on the part of the medical care provider is found, whether any fault on the part of the patient was equal to or greater than the fault on the part of the provider.
II. The standard of proof used by the panel shall be as follows:
(a) The plaintiff shall prove negligence and proximate causation by a preponderance of the evidence; and
(b) The defendant shall prove comparative negligence by a preponderance of the evidence.
I. At the conclusion of the presentations, the panel shall make its findings regarding negligence and causation in writing within 30 days by answering the following questions:
(a) Whether the acts or omissions complained of constitute a deviation from the applicable standard of care by the medical care provider charged with that care;
(b) Whether the acts or omissions complained of proximately caused the injury complained of; and
(c) If fault on the part of the medical care provider is found, whether any fault on the part of the patient was equal to or greater than the fault on the part of the provider.
II. The standard of proof used by the panel shall be as follows:
(a) The plaintiff shall prove negligence and proximate causation by a preponderance of the evidence; and
(b) The defendant shall prove comparative negligence by a preponderance of the evidence.
Source. 2005, 197:1, eff. Aug. 29, 2005.
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