In 2001, Maine was one of the lowest 15 states for medical malpractice. Although Maine has one of the lowest rates of medical malpractice claims, these lawsuits can and do arise. When the careless or intentional acts of a doctor, nurse, dentist, chiropractor, podiatrist, psychiatrist, psychologist, therapist, hospital, clinic, specialist practice, or other healthcare provider cause injury, these actions are not considered criminal. Still, they are considered a “tort” or civil wrong, which can provide the basis for a lawsuit.
Medical Malpractice, in other words, means a healthcare provider’s failure to exercise that degree of care and skill that a medical professional would use under 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. They may need to pay the injured person compensatory damages.
Compensatory damages attempt to put an injured person back in the position they were in before their injury. In rare cases, punitive damages are also awarded in these lawsuits. Punitive damages punish wrongdoers and prevent them from harming others. The acts complained of must have been malicious. The exemplary damages awarded deter such conduct.
Maine Statute Ref.: M.R.S.A. Title 24, Sections 2851 and 2853: 1997
Before one files a medical malpractice claim with the court, Maine law mandates that one must first file a complaint with a pre-litigation screening panel. The purpose and intention of this screening panel process are 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 follows many of these panel sessions.
See the lawyers at Largay Law Offices, P.A. for further information about the circumstances and manner in which the Court disallows or a trial admits Panel Findings. In addition, our firm handles medical malpractice claims for clients in Maine who now reside out of state who received care in Maine. Also, we represent those who traveled out of state and sought or received negligent medical care.
Examples of Medical Malpractice Claims:
- Missed diagnoses – Cancer, intestinal obstruction, and intestinal tears that 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 the 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 healthcare provider
- Patient neglect
- Nursing home abuse, malnutrition, and bedsores
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. Your immediate goals include ensuring coverage of medical bills by insurance or through other means, avoiding 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:
- Three attorneys with over 20 years of experience in trying personal injury and medical cases, one of whom is a trained medical transcriptionist
- A Staff Registered Nurse, certified as a legal nurse consultant
- Specially-trained paralegals
This Medical-Legal Team reviews the background of your injury and the medical care provided. We discuss your situation in great detail and review all the available medical records if necessary to give you our opinion. Then, like any good professional, the attorneys review all options available to you.
We remove the everyday hassles of paying bills. We handle the collection calls and letters that sometimes result when an injured party cannot work. Letting the injured party heal from their injuries, we remove these and other stressors interfering with the recovery process. Working with insurance companies and other parties involved in your case, we handle all your needs quickly and appropriately.