Medical Malpractice, Maine State Bar Association, Lawyer Referral Service

Medical Malpractice in Maine

A person who is injured by a doctor, nurse, therapist, anesthesiologist or other professional health care provider, or while being cared for in a hospital, clinic or other healthcare institution, may be able to sue the provider for medical malpractice. Medical malpractice cases vary widely, from blatant errors made by surgeons, to failure by hospitals to provide sufficient nursing staff, keep accurate records, or for knowingly allowing an incompetent physician to treat patients.

In most cases, the injured party must be able to prove:

that care did not meet the regular professional standards
that an injury was sustained, with significant/persistent consequences;
that the injury was a direct result of caregiver error or negligence.

If you feel you have a medical malpractice case, it is important to speak to an attorney as soon as possible. There are statutes of limitations that apply, and if you wait too long, you may be unable to sue no matter how strong your case may be.

You can save yourself time and expense by gathering the essential information before you even speak with an attorney. An attorney will need to know the names of all the parties involved, the dates of all events, and will want to see documentation of your injuries and communications with the professionals involved.

Legal Terms and Definitions Related to Medical Malpractice

Contingent Fee Agreement – This is the arrangement most people think of when they think of personal injury cases, as advertised with slogans such as “we don’t collect unless you win.” These fees are negotiable, but are commonly one-third to 40% of the money won. Understandably, attorneys are unlikely to take a case “on contingency” unless they believe that there is an extremely good chance that they can win, and that the damages awarded will be enough to make it worth while for both the attorney and the client. Even under contingency agreements, a client may be required to invest money to conduct the case. These expenses are separate from the attorneys’ fees, and may include research, payment for expert witnesses, filing fees, travel, material preparation and other costs.

Negligence – Care that does not meet standards generally recognized by similar professionals.

Vicarious Liability – Legal liability of an entity, such as a hospital or clinic, for the actions or omissions of its employees while undertaking their professional duties.

Statute of Limitations (SOL) – In Maine, the statute of limitations for suing someone for medical malpractice is 3 years from the date the action or omission took place. Sometimes that is very difficult to determine, so you should talk to an attorney immediately.

Special Damages – The amount of money a person may be awarded for expenses directly caused by the injury, including hospital and ambulance bills. This is a specific amount tallied from actual bills and expenses.

General Damages – The amount of money a person may be awarded for current and future effects of an injury, which can range from shortened life span and inability to perform certain acts, to pain, suffering, humiliation, and mental anguish.

For a Medical Malpractice
Attorney in Maine