Although Maine has one of the lowest rates of medical malpractice claims (in 2001 Maine was one of the lowest 15 states for medical malpractice), these lawsuits can and do arise.
When the careless or intentional acts of a doctor, nurse, dentist, chiropractor, podiatrist, psychiatrist, psychologist; therapist, or a hospital, clinic or specialist practice, or other healthcare provider cause injury these actions are not considered criminal but are said to be a "tort," or civil wrong, which can provide the basis for a lawsuit. Medical Malpractice is in other words a doctor's (or other healthcare provider's) failure to exercise that degree of care and skill that a physician, surgeon, or any other medical professional would use under routine or similar circumstances.
When someone is determined to be legally responsible for injuring another, they are liable for the injury and harm or damages resulting therefrom, and may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. In rare cases, punitive damages are also awarded in these lawsuits. Punitive damages are intended to punish wrongdoers and prevent them from harming others. The acts complained of must have been malicious, and the expemplary damages awarded are intended to deter such conduct.
In the State of Maine, before a medical malpractice claim is filed with the court, Maine law mandates that a complaint must first be filed with a pre-litigation screening panel. (Maine Statute Ref.: M.R.S.A. Title 24, Sections 2851 and 2853: 1997). The purpose and intention of this screening panel process is to encourage early resolution of claims and the withdrawal of claims with little or no legal merit. The findings of this panel may be used in the trial that will follow many of these panel sessions. See the lawyers at Largay Law Offices, P.A. for further information about the circumstances and the manner in which Panel Findings are admiited in a trial or disallowed by the Court.
Our firm handles a variety of medical malpractice claims for clients located in Maine; who now reside out of State but they received care in Maine; or who traveled out of state and sought or received negligent medical care.
Examples of Medical Malpractice Claims:
- Missed diagnoses: breast cancer, intestinal obstruction, intestinal tear which led to death or prolonged recovery
- Delayed diagnosis: operative misadventures
- Lack of informed consent: extensive surgery versus minor
- Anesthesia errors: too much anesthetic; delayed observation
- Surgical injuries: perforation of intestine with delayed diagnosis
- Obstetric/labor and delivery surgical injuries
- Orthopedic surgical injuries
- Spinal cord stimulator injuries
- Improperly prescribed, dispensed or filled medication or dosages
- Unreasonable conduct of a physician or health care provider
- Patient neglect
- Nursing home abuse: malnutrition, bed sores
Injuries suffered as a result of medical malpractice can be severe and life altering. Our firm understands the overwhelming impact and injustice you or your loved one feels while attempting to cope with an unexpected, unfortunate result of a medical injury. We appreciate your immediate goals are to ensure that medical bills are covered and paid for by insurance or through other means, and to avoid any financial suffering through the loss of wages, and finally force the insurance company to pay for future treatments relating to the injury.
Our core team of experts includes: (1) three attorneys with over 20 years of experience in trying personal injury and medical cases, and one of whom is a trained medical transcriptionist; (2) A Staff Registered Nurse, certified as a legal nurse consultant; and (3) Specially-trained paralegals. This Medical-Legal Team will review the background and history of your or your family's injury and the medical care that was provided. We discuss your situation in great detail, and review all the available medical records if necessary to give you our opinion. Like any good professional, the attorneys review all options available to you.
We remove the everyday hassles of getting bills paid and handling the collection calls and letters that sometimes result when an injured part is unable to work or make a living. We try to let the injured party heal from their injuries without these and other stressors interfering with the recovery process. We will work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.
If you, a loved one or a friend believes that an injury may have been caused through Medical Malpractice, or have questions about past care, medical treatment or a healthcare outcome, contact us. We will set up a FREE consultation with our Medical-Legal Team. Contact us today at:
Contact us online or Call 207-947-4LAW (4529)