NH: A Malpractice Law Struck Down, and a Live Minors Fight

The old malpractice deadline didn't just get amended. It was ruled unconstitutional — and the question of exactly how long a minor gets afterward is still being argued in court today.

A statute that still sits in the code, but no longer applies

New Hampshire once had its own dedicated statute of limitations for medical malpractice actions, RSA 507-C:4. In a case called Carson, the New Hampshire Supreme Court struck it down on equal protection grounds — specifically because it denied medical injury claimants under the age of 8 the same minority-tolling benefit that New Hampshire's general tolling statute, RSA 508:8, extends to every other personal injury claimant under 8. The old statute can still technically be found in the New Hampshire code, but it's no longer enforceable.

What governs malpractice claims instead

With the malpractice-specific statute gone, New Hampshire's general personal injury statute, RSA 508:4, now applies to medical malpractice claims as well — three years from the act or omission, or three years from discovery if the injury and its causal connection to the act weren't reasonably apparent right away.

New Hampshire's minor tolling rule

Under RSA 508:8, the statute of limitations is generally tolled while a person is a minor. Once they turn 18, they must commence their action within a specific window after that — historically understood to be 2 years, a notably shorter post-majority window than simply getting the full 3-year general deadline counted fresh from their 18th birthday.

A genuinely live, currently unresolved dispute

Here's where things get interesting. In a decision issued in February 2023, involving a personal action against the state, the New Hampshire Supreme Court held that equal protection requires reading RSA 508:8 to toll the full three-year general statute of limitations, not just the narrower 2-year window the statute's text appears to specify. As of now, there is a genuine, live split among New Hampshire's trial courts on how broadly this reasoning extends — meaning the exact number of years a minor gets after turning 18 is, at the moment, an actively unsettled question rather than a simple, fixed rule.

Why this genuinely matters

Because the precise post-majority window is currently contested rather than settled, a family assuming the older 2-year figure applies could file more conservatively than the law may actually require — or, conversely, someone assuming the newer 3-year reasoning automatically applies everywhere could miscalculate in the other direction. This is a genuinely good moment to confirm the current state of this specific question with a New Hampshire attorney rather than relying on either older or newer general guidance alone.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause New Hampshire's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

New Hampshire discovery rule & tolling — frequently asked questions

Why was New Hampshire's old medical malpractice statute struck down?

The New Hampshire Supreme Court found that the statute, RSA 507-C:4, violated equal protection by denying medical injury claimants under age 8 the same minority-tolling benefit that the general tolling statute gives to all other minor personal injury claimants under 8.

What governs medical malpractice deadlines in New Hampshire now?

The general personal injury statute, RSA 508:4, which gives three years from the act or omission, or three years from discovery if the injury wasn't immediately apparent.

How does New Hampshire's minor tolling statute work?

Under RSA 508:8, the statute of limitations is tolled while someone is a minor, and they must then commence their personal action within 2 years of turning 18.

Is there a currently unresolved dispute over that 2-year window?

Yes. In a February 2023 decision involving a claim against the state, the New Hampshire Supreme Court held that equal protection requires reading the statute to toll the full three-year general deadline, not just 2 years — and there is currently a split on this issue among the state's trial courts.

Does negotiating with an insurance adjuster pause New Hampshire's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on New Hampshire statute and case law (RSA 508:4, RSA 508:8), verified per our methodology. Whether tolling applies to a specific situation depends on its facts, and this specific question is currently unsettled. Confirm with a licensed New Hampshire attorney before acting.