IN RE SOUTHERN NEW HAMPSHIRE MEDICAL CENTER

No. 2011-754.

55 A.3d 988 (2012)

164 N.H. 319

Petition of SOUTHERN NEW HAMPSHIRE MEDICAL CENTER and another.

Supreme Court of New Hampshire.

Opinion Issued: October 30, 2012.


Attorney(s) appearing for the Case

Nixon, Vogelman, Barry, Slawsky & Simoneau, of Manchester ( David P. Slawsky on the brief and orally), and Christine M. Smith , of Manchester, by brief, for the plaintiff.

Sulloway & Hollis, P.L.L.C., of Concord ( W. Kirk Abbott, Jr. & another on the brief, and Martin P. Honigberg orally), for the defendants.

Douglas, Leonard & Garvey, P.C., of Concord ( Benjamin T. King on the brief), and Center for Constitutional Litigation, P.C., of Washington, D.C. ( Jeffrey R. White on the brief), for American Association for Justice and New Hampshire Association for Justice, as amici curiae.

Rath, Young and Pignatelli, P.C., of Nashua ( Michael A. Pignatelli and Kenneth C. Bartholomew on the brief), for New Hampshire Medical Society, Maine Medical Association, Vermont Medical Society, New Hampshire Hospital Association, and American Medical Association, as amici curiae.


DALIANIS, C.J.

In this petition for original jurisdiction, see Sup.Ct. R. 11, the defendants, Southern New Hampshire Medical Center (SNHMC) and Bernard Bettencourt, Jr., D.O., seek review of the decision of the Superior Court (Nicolosi, J.) that three provisions of the statute governing medical injury screening panels, RSA 519-B:8-:10 (2007), violate the Separation of Powers Clause of the State Constitution, see N.H. CONST. pt. I, art. 37. We...

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