ACTIONS, PROCESS, AND SERVICE OF PROCESS
ACTIONS FOR MEDICAL INJURY
RSA 507-C has been held unconstitutional in the case of Carson v. Maurer (1980) 120 N.H. 925, 424 A.2d 825. Community Resources for Justice, Inc. v. City of Manchester (2007) 154 N.H. 748, 917 A.2d 707, overrules Carson v. Maurer to the extent that it did not employ the new middle tier scrutiny standard articulated in Community Resources for Justice, Inc. v. City of Manchester.
As used in this chapter:
I. "Action for medical injury" means any action against a medical care provider, whether based in tort, contract or otherwise, to recover damages on account of medical injury.
II. "Medical care provider" means a physician, physician's assistant, registered or licensed practical nurse, hospital, clinic or not-for-profit home health care agency licensed by the state or otherwise lawfully providing medical care or services, or an officer, employee or agent thereof acting in the course and scope of employment.
III. "Medical injury" or "injury" means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
Source. 1977, 417:22, eff. Sept. 3, 1977.