Medical Malpractice in Maine

Medical malpractice arises when a doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.

What Evidence Do I Need for Maine Medical Malpractice Claims?

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Maine medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

  • There was a working relationship between the doctor and the patient. 
  • There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
  • There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
  • The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that any Maine patient can sue for currently.

Maine law dictates that you commence an action for professional negligence by serving a written Notice of Claim to the defendant. The Notice must claim, under oath, the alleged negligence and the nature and circumstances of your injuries. You must file this Notice with the Superior Court within 20 days of service. You must also submit your claim to a prelitigation screening and mediation panel. The purpose of this panel is to identify which claims merit compensation and to encourage early resolution of the claims prior to litigation.

Hospital Responsibility

You may wonder if you can also sue the Maine hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the hospital or facility, they are not liable.

Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

  • Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
  • Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
  • Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

  • Misreading or ignoring test results from the lab
  • Making surgical errors
  • Not following up properly or not offering adequate post-care
  • Performing unnecessary procedures or surgeries

Damages Available in Maine

There are three types of damages a court will award for medical malpractice.

  • General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
  • Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
  • Special Damages – Damages for expenses from medical bills and lost wages

According to the Center for Justice & Democracy, Maine does not have damage caps in medical malpractice cases. However, Maine law does mandate a $750,000 damage cap on wrongful death suits. In addition, the jury may also award punitive damages up to $250,000 for wrongful death.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

Under the Maine Health Security Act, the statute of limitations for medical malpractice cases is 3 years. This means that Maine residents must file a lawsuit within 3 years after the cause of action accrues. The law clarifies that the cause of action accrues on the date of the act or omission giving rise to the injury.

Medical Malpractice Review Panels

In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision. Still the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.

The Maine Board of Licensure in Medicine (MBLM) employs its own investigative staff to review complaints regarding its licensees. MBLM also receives legal and investigative staff assistance from the Maine Department of Attorney General. You can file a complaint with MBLM by submitting a written complaint form online or by mail. If MBLM has proper jurisdiction, they will conduct an investigation. MBLM may dismiss the complaint, request further investigation, or order an Adjudicatory Hearing.

Do I Need to Hire an Attorney?

Medical malpractice claims in Maine can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney with experience in medical malpractice.

A Maine medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

  • Build your case
  • Collect important evidence
  • Find expert witnesses to testify on your behalf
  • Help you prepare for the malpractice review panel
  • Take your claim to court

Work with an Experienced Maine Medical Malpractice Attorney

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Maine attorney who is familiar with such cases. We can even help you connect with an attorney across Maine state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced Maine medical malpractice attorney!

Need help with a different sector of Maine law? Check out more of our articles!

Auto Accident Injury

Bankruptcy

Business Law

Child Birth Injury

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Employment Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Nursing Home Abuse

Patent Law

Personal Injury Law

Power of Attorney

Probate Law

Property Disputes

Real Estate Law

Social Security Disability

Tax Law

Traffic Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.