Cheever v. Southern New Hampshire Regional Medical Center (141 N.H. 589, 688 A.2d 656)
March 9, 2012 By Rosenfeld Law Offices, LLC
Case: Cheever v. Southern New Hampshire Regional Medical Center (141 N.H. 589, 688 A.2d 656) Parties: Plaintiff (Appellee) - Lynne Cheever, Administrator of the Estate of Cory Cheever (deceased)] - Defendant (Appellant) - South New Hampshire Regional Medical Center, Dr. Arthur Andsell Court: Supreme Court of New Hampshire (1997).
Procedural History
On March 31, 1995, Lynne Cheever filed a wrongful death claim against Southern New Hampshire Regional Health Center as well as Dr. Arthur Andsell stemming from the death of her infant son, Cory Cheever. Defendants filed a motion to dismiss, arguing that the claim is time barred by the statute of limitations. The Superior Court granted the motion. Cheever appealed.
Summary of Facts
In the early morning hours of April 7, 1989, Lynn Cheever, 27 weeks pregnant at the time, was admitted to Southern New Hampshire Regional Medical Center on the advice of her treating physician, Dr. Arthur Andsell.
When she arrived at the hospital Lynne was experiencing contractions, cramping and bleeding. After being admitted, Lynne received a series of drugs in order to stop labor. The drugs were unsuccessful and Lynne delivered a child, Cory Cheever, at 5:49 am. Cory died later that morning. On March 31, 1995, Lynne filed a suit alleging that both the hospital, as well as the physician were negligent in the care and treatment to Cory.
Defendants filed separate motions to dismiss, relying on RSA 556:11 (Supp.1996), which provides for a three- year statute of limitations. Plaintiff argued that the statute for a wrongful death action is six years.
Outcome at Trial
The trial court found for the defendants and dismissed the motions.
Issues on Appeal
Was the trial court correct in dismissing the actions based on a three- year statute of limitations?
Supreme Court Holdings
Yes.
Relevant Application of Law
“The six year statute of limitations expressly provided in RSA 556:11 is negated by RSA 508. The language of RSA 556:11 referencing RSA 508 signifies that the two statutes must be read together.”
Wrongful death actions are “creatures of statute without common law origins, and survive only to the extent and in the manner provided by the legislature.”
ABOUT THE AUTHOR: Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the rights of the injured has resulted in millions of dollars recovered on behalf of his clients. Jonathan’s successful representation of nursing home victims has resulted in many speaking engagements to elder groups.
Jonathan is dedicated to improving the quality of life for nursing home residents who have been victims of abuse, neglect or fraud. By holding nursing homes and long-term care facilities responsible for poor care accountable, the quality of care will improve for their residents. As a result of Jonathan’s prosecution of nursing home cases, nursing homes have implemented changes in their resident care policies and have dismissed unfit employees.
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More information about Rosenfeld Law Offices, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
On March 31, 1995, Lynne Cheever filed a wrongful death claim against Southern New Hampshire Regional Health Center as well as Dr. Arthur Andsell stemming from the death of her infant son, Cory Cheever. Defendants filed a motion to dismiss, arguing that the claim is time barred by the statute of limitations. The Superior Court granted the motion. Cheever appealed.
Summary of Facts
In the early morning hours of April 7, 1989, Lynn Cheever, 27 weeks pregnant at the time, was admitted to Southern New Hampshire Regional Medical Center on the advice of her treating physician, Dr. Arthur Andsell.
When she arrived at the hospital Lynne was experiencing contractions, cramping and bleeding. After being admitted, Lynne received a series of drugs in order to stop labor. The drugs were unsuccessful and Lynne delivered a child, Cory Cheever, at 5:49 am. Cory died later that morning. On March 31, 1995, Lynne filed a suit alleging that both the hospital, as well as the physician were negligent in the care and treatment to Cory.
Defendants filed separate motions to dismiss, relying on RSA 556:11 (Supp.1996), which provides for a three- year statute of limitations. Plaintiff argued that the statute for a wrongful death action is six years.
Outcome at Trial
The trial court found for the defendants and dismissed the motions.
Issues on Appeal
Was the trial court correct in dismissing the actions based on a three- year statute of limitations?
Supreme Court Holdings
Yes.
Relevant Application of Law
“The six year statute of limitations expressly provided in RSA 556:11 is negated by RSA 508. The language of RSA 556:11 referencing RSA 508 signifies that the two statutes must be read together.”
Wrongful death actions are “creatures of statute without common law origins, and survive only to the extent and in the manner provided by the legislature.”
ABOUT THE AUTHOR: Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the rights of the injured has resulted in millions of dollars recovered on behalf of his clients. Jonathan’s successful representation of nursing home victims has resulted in many speaking engagements to elder groups.
Jonathan is dedicated to improving the quality of life for nursing home residents who have been victims of abuse, neglect or fraud. By holding nursing homes and long-term care facilities responsible for poor care accountable, the quality of care will improve for their residents. As a result of Jonathan’s prosecution of nursing home cases, nursing homes have implemented changes in their resident care policies and have dismissed unfit employees.
Copyright Rosenfeld Law Offices, LLC
More information about Rosenfeld Law Offices, LLC
View all articles published by Rosenfeld Law Offices, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
