NH Supreme Court Finds Negligence Should Be Left for Jury To Decide in Medical Malpractice Trial

CONCORD, NH — The New Hampshire Supreme Court overturned the trial court's decision in a medical malpractice lawsuit, Beckles v. Madden, agreeing with Lubin & Meyer attorneys for the plaintiff in finding that the burden of proof for causation, an element of negligence, should be left for the jury to decide. Attorney Benjamin Novotny, presented the oral argument before the court. The opinion was issued April 9, 2010 by Chief Justice Broderick.

The case in summary:

"The plaintiffs, Wesley and Maggie Beckles, appeal a decision of the Superior Court (Barry, J.) granting summary judgment on their medical malpractice claims in favor of the defendants, Jennifer E. Madden, M.D., Eugene A. Lesser, D.O., Foundation Medical Partners, Foundation Neurology, and Nagbhushan S. Rao, M.D. We reverse and remand

The opinion cites New Hampshire law as follows:

A negligence action based upon a claim of medical malpractice is governed by RSA chapter 507-E (1997 & Supp. 2009). RSA 507-E:2 provides in part:

I. In any action for medical injury, the plaintiff shall have the burden of proving by affirmative evidence which must include expert testimony of a competent witness or witnesses:
(a) The standard of reasonable professional practice in the medical care provider's profession or specialty thereof, if any, at the time the medical care in question was rendered; and
(b) That the medical care provider failed to act in accordance with such standard; and
(c) That as a proximate result thereof, the injured person suffered injuries which would not otherwise have occurred.

The court's full ruling is available online at Beckles v. Madden.