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New Hampshire Law Blog

New Hampshire state law news.
By David Austin and Jim Burke

Post Frequency: 0.4/day

Last Entry: February 18, 2010 at 16:36:21

Bicycle Accidents: It's that time of year

Posted on August 10, 2005
I read this article online from the Nashua Telegraph about a bike accident there on Monday. The bike rider is in critical condition after being hit by an auto. There have been a rash of bike accidents up here in...

More on Divorce Mediation

Posted on August 05, 2005
More on the new Mediation law going into effect this fall. The Nashua Telegraph has an article that basically talks about how the courts are trying to lessen the impact of the divorce process on kids, keep them from being...

Eminent Domain in New Hampshire

Posted on July 27, 2005
The recent United States Supreme Court decision allowing municipalities to take private property for economic development is very controversial. In response, the New Hampshire Senate is forming a committee to study eminent domain law in New Hampshire and to recommend...

Mediation Gaining Momentum in New Hampshire

Posted on July 26, 2005
My partner, Dave Austin, recently wrote about the new mediation program which will soon be available in certain District Courts in New Hampshire. Like Dave, I believe that this new program is a good idea. As a volunteer mediator for...

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Colossus - Insurance Companies use Computer Programs to Process Claims

Posted on July 25, 2005
Many insurance companies use certain computer software to evaluate the value of automobile bodily claims (Colossus seems to be the most common software). This process drives down the amount of money paid out in claims made by injured people, regardless...

State looks at Medical Malpractice Insurance Rates

Posted on July 19, 2005
The State Department of Insurance had a public hearing to help determine if the medical malpractice insurance environment in the state was competitive. It seems that a few people agree that it is not. If the state rules that it...

NH Supreme Court issues ruling in snowmobile accident case

Posted on July 18, 2005
In February 2001, Brody Kenison was riding his snowmobile in Jefferson when he ran into a snow grooming machine. The machine was owned by Waumbek which is a non-profit snowmobile club. Mr. Kenison died and his estate sued the driver...

More workers available for unemployment benefits

Posted on July 15, 2005
Governor Lynch signed a new law which will allow some part-time workers in New Hampshire to obtain unemployment benefits.Starting in January, some part-time workers will qualify for unemployment benefits under a new law signed Thursday by Gov. John Lynch...

District Court Mediation

Posted on July 13, 2005
Mediation has long been part of the Superior Court System here in New Hampshire. Almost every kind of case will involve mediation. It doesn't matter whether you are involved in a business dispute, medical malpractice, auto accident or divorce lawsuit...

Governor Lynch Signs SB 125

Posted on July 11, 2005
Sticking with his pledge to change SB 110, Governor Lynch signed SB 125. SB 110 had originally allowed health insurance companies to take into consideration medical conditions and set rates accordingly. The result was a massive increase in health insurance...

New Hampshire Law Library Online

Posted on June 30, 2005
The New Hampshire Law Library is making some of its holdings available online. You can search New Hampshire statutes, case law (supreme court opinions), legal treatises and journals. New Hampshire Law Library

Illegal aliens and the right to sue in New Hampshire

Posted on June 27, 2005
Back in March, the New Hampshire Supreme Court answered three questions about an Illegal alien's right to sue for negligence in NH. In this particular case an illegal alien was injured when an aerial lift tipped over and fell on...

How about a NH Medical Commision to study medical errors?

Posted on June 27, 2005
Sounds good to me. Currently when a medical error takes place, a hospital in New Hampshire can investigate that error and not have to reveal the investigation in court as part of a lawsuit. That is because you want to...

New Law Affects New Hampshire Homeowners and Home Builders

Posted on June 23, 2005
On January 1, 2006, a new law goes into effect in New Hampshire which encourages homeowners and home builders to resolve disputes outside of court. I was involved in the process of seeking an amendment to the bill as originally...

Early Detection of Lung Cancer

Posted on June 15, 2005
Here's why early diagnosis of lung cancer is important...The survival rates for early stage disease are quite high, approaching 80 percent in some series.According to this recent study, Researchers have shown that low-dose spiral computer-based tomographic (CT) screening for the...

Motorcycle Week and Helmet laws

Posted on June 14, 2005
New Hampshire is one of 4 states that has no helmet law. It used to be that 40 some odd states had laws requiring some sort of helmet use in the 70s. While some motorcycle groups advocate repealing motorcycle laws,...

New Hampshire to Have New Medical Malpractice Case Processing

Posted on June 09, 2005
The New Hampshire House has passed SB 214 which creates an additional process which victims of medical malpractice must go through before having their day in court. Unless Governor Lynch vetos this legislation, New Hampshire residents with medical malpractice claims...

Subarachnoid Hemorrhage: Missed Diagnosis

Posted on May 27, 2005
More on our focus on Emergency Room medical malpractice. The problem with missing this diagnosis is that the results can be disastrous.A Subarachnoid hemorrhage is a disorder involving bleeding between the middle membrane covering of the brain and the brain...

Misdiagnosis of Pulmonary Embolism

Posted on May 25, 2005
2/3 of pulmonary embolism cases are misdiagnosed. Over 600,000 cases of pulmonary embolism occur every year and only 1/3 are ever diagnosed correctly. If you go to an emergency room and they miss the diagnosis and send you home the...

98,000 medical errors deaths yearly

Posted on May 24, 2005
It's a number that has been used a lot over the past several years. In a study released on May 18, 2005, the Journal of the American Medical Association reports that the rate of death has not changed much since...

Aspirin and Colon Cancer

Posted on May 23, 2005
A study has been released indicating that aspirin "MIGHT" reduce the risk of Colon Cancer recurring. Read the article here in the Detroit News.

US Supreme Court to review New Hampshire Abortion law

Posted on May 23, 2005
WMUR reports that the US Supreme Court will hear an appeal concerning a parental notification law. The law was struck down by the 1st Circuit Court of Appeals.The Boston-based 1st U.S. Circuit Court of Appeals said the 2003 law was...

New child bicycle helmet law

Posted on May 20, 2005
The NH Senate passed a bike helmet bill today. The bill requires children under the age of 16 to wear a bike helmet while riding. The bill had already passed the House and Governor John Lynch has said he will...

Legislature approves new medical malpractice bill

Posted on May 20, 2005
The New Hampshire Legislature has approved a bill that will allow a doctor to apologize to a patient and NOT have that apology held against him or her in court. This is a good thing. Currently if a doctor admits...

What are "Damages" in New Hampshire?

Posted on May 18, 2005
The amount of money that injured people can recover from a person whose negligence caused their injuries is called "damages." There is a myth that damages are often a windfall amount, or that they make injured people rich. The myth...

Can Parents Spend Money From Their Child's Settlement?

Posted on May 16, 2005
When a child is injured and brings a claim against another person in New Hampshire for that injury, the law prevents parents from spending the money, except as permitted by the court, in most circumstances. Parents do not receive the...

What is Mediation?

Posted on May 12, 2005
In the New Hampshire Superior Courts, parties in a civil matter are given the opportunity to resolve the dispute through mediation and, therefore, avoid a trial. Often, this process allows the parties to resolve their dispute themselves through settlement, instead...

Breast Cancer Scanning Tool

Posted on May 12, 2005
Electrical impedance scanning (EIS) is a promising tool for early detection of breast cancer in women younger than 45 years old, a new study has found.Source: Yahoo

Failure to diagnose a Heart Attack

Posted on May 09, 2005
Somewhere around 1.5 million heart attacks occur each year. These are Acute Myocardial Infarctions or otherwise known as (AMI, Acute MI or heart attack). Many of the people with heart attack present to an emergency room for their first treatment....

Ski Area Immunity, HB 619-FN

Posted on May 06, 2005
The New Hampshire Senate Banks and Insurance Committee held a hearing on Tuesday on HB 619-FN. The bill would add snowboarding and snow-tubing to the list of activities for which ski areas are immune from civil liability when someone is...

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