Maine Personal Injury Laws For Medical Malpractice Cases

Medical malpractice is a legal term that refers to a medical professional’s failure to provide proper healthcare to a patient, which results in harm, injury or death. Medical malpractice cases can be complex and emotionally draining, but they are essential when a healthcare provider neglects their responsibilities or commits an error that causes a patient’s suffering. In the state of Maine, medical malpractice law has evolved over the years to protect patients’ rights.

Statute of Limitations for Filing a Medical Malpractice Lawsuit

Medical malpractice lawsuits in Maine have a specific timeframe within which they must be filed. Maine’s statute of limitations for medical malpractice lawsuits is three years from the date when the injury was (or could have been) discovered. The statute of limitations also applies to cases where a patient suffers an injury during a medical procedure but does not immediately realize the harm caused by the medical professional’s negligence.

Additionally, Maine has a statute of repose that limits the time for filing medical malpractice lawsuits to six years after the injury occurs, irrespective of when the injury was discovered.

It is important to note that any medical malpractice lawsuit filed after the statute of limitations expires will likely be dismissed.

The Maine Medical Malpractice Screening Panel

Before filing a medical malpractice lawsuit in Maine, there is a requirement for the plaintiff to go through the Medical Malpractice Screening Panel. The panel aims to provide a mechanism for addressing medical malpractice claims in Maine to prevent frivolous lawsuits. The panel comprises three members- two Maine licensed physicians, and a layperson who chairs the panel.

The screening panel’s role is to review the facts of the case and determine if there is enough evidence to support the plaintiff’s claims. They review all medical records and other relevant documents and allow both the plaintiff and defendant to present testimonies. The screening panel’s decision is not binding, and the plaintiff can still proceed with filing a lawsuit if they so choose.

Filing a lawsuit against the medical professional or the healthcare facility responsible for the injury is possible following the screening panel’s decision.

The Burden of Proof in Medical Malpractice Lawsuits

Medical malpractice plaintiffs in Maine have the burden of proof in proving that medical malpractice was indeed committed by a medical professional or healthcare facility. The plaintiff must demonstrate that the medical professional’s act of commission or omission directly caused their injury, which would not have occurred had the medical professional exercised their duty of care.

The plaintiff’s legal team must establish certain elements for the court to consider while assessing the case’s merits.

  • The defendant had a legal duty of care to the plaintiff as a medical professional
  • The defendant breached their duty of care as a medical professional
  • The defendant’s breach of duty of care caused the plaintiff’s injury
  • The plaintiff suffered losses as a result of the injuries sustained from the defendant’s breach of duty

The plaintiff must provide evidence to support each element for the court to rule in their favor. Failure to prove these four elements will make it difficult to receive compensation for injuries sustained from medical malpractice.

Compensation for Medical Malpractice in Maine

If the plaintiff succeeds in proving their claims, the court may award them compensatory damages, including economic and non-economic damages. In Maine, there is no limit to the amount of compensation a plaintiff can be awarded in medical malpractice cases.

Economic damages include any financial losses the plaintiff incurred as a result of the medical malpractice, including:

  • Medical expenses incurred as a result of the injuries
  • Loss of income
  • Future medical expenses the plaintiff may incur as a result of the injuries sustained
  • Any other financial loss caused by the injury

Non-economic damages include compensation for the plaintiff’s intangible losses, including:

  • Emotional and mental distress caused by the negligence
  • Loss of companionship or consortium
  • Pain and suffering experienced as a result of the malpractice

Conclusion

If you or a loved one has suffered injuries resulting from medical malpractice, it is essential to take action as soon as possible. Medical malpractice laws are complex, and navigating them without the expert legal aid of a personal injury attorney will be challenging.

If you have any questions about medical malpractice in Maine, consult a personal injury attorney to determine the best course of action. With their help, you can hold medical professionals accountable for their negligence and receive compensation for the injuries sustained.

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