Anyone who goes to the doctor, whether it is for a basic checkup or emergency care in a hospital, should receive compassionate and considerate care from everyone involved. Most of the time, medical professionals in Maine meet this basic standard without any issue—but when one does not, serious and life-threatening harm may occur as a result.
Suing a healthcare provider over negligence works very differently from other types of personal injury litigation. Because of this, proceeding with this sort of claim without a knowledgeable attorney’s assistance can prove extremely difficult. Instead of trying to untangle the complex rules and restrictions for these sorts of cases by yourself, consider working with a seasoned Auburn medical malpractice lawyer from our firm. Our attorneys have extensive experience helping those who have been harmed by medical negligence to recover the compensation they deserve. Call Gideon Asen LLC today to get started.
How Prelitigation Screening for Malpractice Claims Works
Because medical technology and techniques cannot guarantee perfect outcomes for every patient, civil courts cannot just take an injured patient’s word that their doctor acted carelessly. In order to discourage claims without merit, state law requires prospective malpractice plaintiffs to go through a prelitigation screening process before they can formally file suit.
Once someone formally notifies the injured party’s healthcare provider of their intent to pursue a malpractice claim, a screening panel will be convened in accordance with Maine Revised Statutes Title 24 §2852. After reviewing all available information relevant to the case, including medical records and testimony from all involved parties, the panel will put their opinion on whether the case has merit in writing. This usually takes place within 30 days of receiving all relevant evidence.
This opinion remains confidential unless the panel decides unanimously in favor of either party, in which case their opinion would become court-admissible evidence. An Auburn medical negligence attorney could explain how this process works in more detail and provide vital representation throughout all necessary proceedings.
Demanding Fair Compensation Within Filing Deadlines
Fortunately, Maine does not impose artificial “caps” on how much compensation a malpractice plaintiff can demand from a negligent physician or healthcare organization, with one exception made for cases involving a patient’s wrongful death. This means a successful claim can demand comprehensive compensation for all past and future effects of a doctor’s misconduct, including additional medical expenses, lost working capacity, physical and psychological suffering, and more.
However, anyone who wants to file this kind of lawsuit generally must do so within three years of the alleged malpractice, per M.R.S. Tit. 24 §2902. As a medical malpractice attorney serving Auburn can explain, though, this deadline does not work the same way for all types of malpractice claims. The most notable exception is claims built around a surgeon leaving a foreign object in someone’s body during surgery.
Seek Help from an Auburn Medical Malpractice Attorney
Medical negligence can be difficult to identify, difficult to recover from, and difficult to recover for through a lawsuit or settlement demand. Put simply, this kind of situation is not one anyone should try to handle completely by themselves, especially if their doctor’s misconduct has left them with serious injuries and losses.
Help from an Auburn medical malpractice lawyer can be crucial to protecting your rights and securing a favorable resolution to your case. Learn more by calling Gideon Asen LLC today.