Mark A. Abramson

Practicing more than 35 years

Questions & Answer:

Q: You were born in Dallas, grew up in Boston, and graduated from Baldwin-Wallace College in Ohio. After graduating from the University of Toledo Law School, you moved to NH and began practicing law. How did you choose New Hampshire?

A: Other than being in school and the military, I have spent my entire life in New England. New Hampshire was a wonderful, clean and healthy environment to raise my family. I have never regretted that decision, not even for a second.

Q: For most of your legal career you’ve focused primarily on medical malpractice cases. Why?

A: A close family member was malpracticed and I have personally observed the toll it takes on an entire family, not just on the victim. It gives me great pleasure to lead the charge in the battle against large, well financed medical care providers who seem to care more for the bottom line than to do right by the mothers, fathers, spouses, and children who are damaged forever from sloppy medical care.

Q: A few years ago, you got a lot of media attention for handling some of the priest abuse cases in NH? How did you start working with survivors of priest abuse? Why did you stop?

A: I represented 85 men and 1 woman who were all terribly harmed by criminals dressed and ordained as priests. It all started when I received a call from a lawyer asking if I would speak to 1 of 5 brothers who was raped by a priest repeatedly. I became deeply involved in uncovering what clearly had been a coverup by the church, and individually and personally represented every one of these victims until we received what we considered adequate compensation for the unthinkable acts that were committed against them.

Q: When you’re not in a courtroom, what do you like to do?

A: When not in a courtroom, I spend my time with my family, traveling, playing sports, reading and following the Celtics, Patriots and Red Sox.

Q: How would you answer those who say that medical malpractice lawyers are making it harder for doctors to practice medicine and more expensive for patients to receive good medical treatment?

A: I really do not listen to doctors complain about malpractice lawsuits. I have had doctors asking me, in the past, about how to reduce the number of malpractice suits and my answer was simple….just reduce the amount of malpractice. Everyone of us has to answer when we don’t live up to appropriate standards, and doctors are not exempt from these same standards. If you saw the acts of malpractice that we see on a near daily basis, you would be stunned.

Q: In terms of how it impacted your client, what has been your most significant victory?

A: It is impossible to pick out our most significant victory, but several cases make me feel a good sense of accomplishment. We represented 6 different families against a single neurosurgeon who was responsible for the deaths of 3 people and severe damage to 3 others because of his ineptitude. We were instrumental in having him removed from the practice of medicine in NH so he could no longer hurt anyone here. Another wonderful experience was representing a young woman in northern NH in a failure to diagnose breast cancer case in which the jury returned a multimillion dollar verdict despite the doctor never having made a single offer to try and settle the case. We have represented so many families whose lives were altered by the failures of obgyn’s and family practice physicians who did not adequately attend to pregnant patients, resulting in the severe brain injury and/or death to their children. The list is sadly, a long and catastrophic one. It is unfortunate that the public does not get to see these cases when medical care providers do their best to limit the rights of malpractice victims.

Q: You’ve been representing clients and fighting for their rights for 35 years now, how would like to be remembered professionally?

A: I would like to be remembered after I retire some day as an honest lawyer for the victims of medical malpractice who gave every ounce of fight available to him, who remained friends with most of his clients for years, and even decades after their cases were completed.

1975, New Hampshire

• Baldwin-Wallace College
• University of Toledo Law School

• Federal Court Advisory Committee
• Former Prosecutor
• Former Law Clerk to Justices of New Hampshire Superior Court

• AV rated – Preeminent – by Martindale Hubbell
• New England Super Lawyer 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014
• 1 of only 4 New Hampshire lawyers named to Top 100 New England Super Lawyers
• Best Lawyers in America – Lawyer of the Year for Plaintiff’s Personal Injury Law in 2009 and 2013
• Best Lawyers in America in Plaintiff’s Medical Malpractice Law and Personal Injury Litigation: 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014
• New Hampshire Top Attorneys 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013
• Top Rated Medical Malpractice Lawyer by Boston.com
• Law Dragon 500 Top Attorneys
• Best of US.Com – Best Lawyer in Personal Injury and Medical Malpractice Law

Manchester, New Hampshire (Member: Medical Malpractice and Products Liability Committee, 1982-1983; Ethics Committee, 1988-1989) and American Bar Associations; The American Association for Justice (Sustaining Member, Professional Negligence Section, Birth Trauma Litigation Group); New Hampshire Association for Justice (Member, Board of Governors, 1984-1987 and 1997-2001); American College of Trial Lawyers (Fellow)

• “Holding Employers Liable for the Intentional Misdeeds of Their Employees: A Review of RespondeatSuperior in Personal Injury Actions,” 39 TBN 151 (Fall 2014)
• “The Attorney–Client ‘Shield’ in Medical Malpractice Cases Revisited: Why a Witness Knowledge of Facts is Not a Secret,” 39 TBN 109 (Summer 2014)
• “Exposing the ‘Dirty Little Secret’: Random Drug Testing of Health Care Workers in the Wake of the Hepatitis C Outbreak,” 54 NH Bar Journal 3 (Spring/Summer 2014)
• “Physician Heal Thyself? Evidentiary Issues When a Physician is the Plaintiff in a Medical Malpractice Case” 39 TBN (Summer 2014)
• “Missed Opportunities to Prevent the Hepatitis C Outbreak: Out of State Staffing Group and Credentialing Agency Found to Owe a Duty of Care to New Hampshire Victims ” 38 TBN 115 (Fall 2013)
• “Protecting the Right to Make Informed Procreative Choices and Recover for Medical Malpractice From Negligent Preconception Medical Care” 38 TBN 63 (Summer 2013)
• “Enforcing Settlement Agreements in New Hampshire Medical Negligence and Personal Injury Cases” 37TBN 127 (Fall 2012)
• “Ethical Considerations in Medical Malpractice When Client Testimony and the Records Conflict” 37 TBN 97 (Spring-Summer 2012)
• “Federal Law Limits Medicaid Reimbursement in New Hampshire Medical Negligence and Personal Injury Cases,” 37 TBN 65 (Spring-Summer 2012)
• “Unethical Demands in Settlement Agreements in Medical Malpractice Cases,” 36 TBN 183 (Fall 2011)
• “Medical Negligence Involving Radiology Errors: A Practice Tip,” 33 TBN 19 (Winter 2011)
• “Expanding the DeBenedetto Disclosure Requirement in Multi-Defendant Civil Cases,” 32 TBN 61 (Spring 2010)
• “Case Spotlight: Strict Enforcement of DeBenedetto Disclosure Deadlines,” 31 TBN 189 (Fall 2009)
• “Maximizing Medical Malpractice Screening Panels Through the Use of Screening Panel Testimony at Trial,” 31 TBN 129 (Summer 2009)
• “Medical Provider Liability to Non-Patient Third-Parties for Negligent Medical Care and Prescribing Practices” 31 TBN 9 (Winter 2009)
• “Beyond ‘Loss of Chance’ – Valid Medical Negligence Claims When A Cure Was Already Unlikely” 20 NH Bar News 6 (November 2009)
• “Medical Malpractice Claims Against Public Health Service and Federally Funded Community Health Center Physicians: Practical Problems and Potential Pitfalls to Be Aware of” 30 TBN 17 (Winter 2008)
• “Medical Malpractice Litigation and the New Hampshire Good Samaritan Statute”, 30 TBN 65, (Spring 2008)
• “Medical Malpractice Liability in the Information Age – the Evolution of the Physician-Patient Relationship on the New Healthcare Frontier”, 30 TBN 117 (Summer 2008)
• “Using the Internet Effectively in Medical Malpractice Cases,” 29 TBN 121 (Summer 2007)
• “Medicaid Lien Repayment in Medical Malpractice Cases After Arkansas Department of Health and Human Services v. Ahlborn,” 29 TBN 5 (Winter 2007)
• “Desclos v. Southern New Hampshire Medical Center: Personal Injury and Medical Malpractice Victims Receive New Protections Against Oppressive Discovery Tactics,” 28 TBN 106 (Summer 2006)
• “Pure Referral Fees: Insuring Client Confidence in Complex Personal Injury and Medical Malpractice Cases,” 28 TBN 54 (Spring 2006)
• “Dispelling the Myths of the Medical Malpractice Crisis and Vindicating the Victims of Medical Malpractice Through Attorney Conducted Voir Dire,” 27 TBN 157 (Fall 2005)
• “New Hampshire’s Medical Malpractice Screening Panel Statute: Constitutional Considerations,” 27 TBN 102 (Summer 2005)
• “Protecting Privilege and Precluding Bad Doctors From the ‘Bad Genes’ Defense: The Non-Discoverable Nature of Medical Records of Related Third-Parties in Medical Malpractice Cases,” 27 TBN 61 (Spring 2005)
• “The Current Status of Loss of Opportunity Claims in New Hampshire Medical Malpractice Litigation,” 27 TBN37 (Winter 2005)
• “Vicarious Liability in Action: Holding a Hospital Liable for Malpractice of its Independent Anesthesiology Group,” 26 TBN 110 (Summer 2004)
• “The New Expert Reliability and Expert Disclosure Rules: What Does R.S.A. 516:29 Require and Is It Constitutional?” 26 TBN 166 (Fall 2004)
• “Apportioning Fault to Settling Defendants Under Nilsson v. Bierman: Constitutional Considerations,” 26 TBN87 (Spring 2004)
• “Holding Hospitals Liable for the Malpractice of Independent Contractor Physicians,” 26 TBN 162 (Fall 2003)
• “Res Ipsa Loquitur and Medical Malpractice,” 26 TBN 114 (Summer 2003)
• “HMO Liability IV: Protecting the Patient and Preserving States’ Rights,” 26 TBN 64 (Spring 2003)
• “Discovery in New Hampshire’s Federal District Court: Play By The Rules Or Else,” 25 TBN 16 (Winter 2003)
• “The New Amendment to New Hampshire’s Quality Assurance Privileges: Ensuring Substantially Broader Access to Factual Information in Medical Negligence Cases,” 24 TBN 178 (Fall 2002)
• “Temporary Employees and the Borrowed Servant Rule: A Case Study,” 24 TBN 115 (Summer 2002)
• “Payback: Health Insurance Liens in Medical Malpractice and Personal Injury Cases After Great-West Life & Annuity v. Knudson,” 25 TBN 58 (Spring 2002)
• “Recent Developments in Medical Malpractice Law,” 24 TBN 8 (Winter 2002)
• “Overcoming the Quality Assurance Privilege in New Hampshire Medical Malpractice Claims,” 23 TBN 172 (Fall 2001)
• “Handling the Failure to Diagnose Breast Cancer Malpractice Case,” 24 TBN 65 (Spring 2001)
• “Birth Injury and Cerebral Palsy Malpractice Claims,” 23 TBN 13 (Winter 2001)
• “Sidestepping the Repeal of Joint and Several Liability – A Case Study,” 22 TBN 162 (Summer 2000)
• “Damages for Loss of Enjoyment of Life in Personal Injury Cases,” 22 TBN 35 (Winter 2000)
• “Parental Consortium in Non-Death Cases,” 21 TBN 161 (Fall 1999)
• “Minimizing Liens and Maximizing Personal Injury Recoveries,” 21 TBN 107 (Summer 1999)
• “HMO Liability Part III: Return of the Plaintiffs,” 21 TBN 67 (Spring 1999)
• “Medical Malpractice and the American Jury” (Book Review), New Hampshire Bar News at 10 (July 15, 1998)
• “Negligent Infliction of Emotional Distress in Medical Negligence Cases,” 20 TBN 66 (Spring 1998)
• “Discovery Abuse Part II: Baseless Assertion of Privileges,” 20 TBN 4 (Winter 1998)
• “Discovery Abuse in New Hampshire: What Happens When the Honor System Fails,” 20 TBN 80 (Fall 1997)
• “HMO Liability Part II: ERISA Preemption … And the Saga of Corporate Greed Continues,” 19 TBN 44 (Summer 1997)
• “HMO Liability: Building Corporate Profits at the Expense of Patient Care,” 19 TBN 144 (Winter 1997)
• “The Law of Nursing Malpractice,” 18 TBN 7 (Spring 1996)