NH Supreme Court Finds Negligence Is Jury's To Decide in Med-Mal Trial

CONCORD, NH — Via NH Medical Malpractice News: The New Hampshire Supreme Court overturned the trial court's decision in a medical malpractice lawsuit, Beckles v. Madden, agreeing with 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, of  Lubin & Meyer PC, presented the oral argument before the court. The opinion cites New Hampshire law governing a negligence action based upon a claim of medical malpractice — RSA chapter 507-E (1997 & Supp. 2009) and RSA 507-E:2. The full opinion is available here.