
Continuing Negligent Treatment Doctrine Applies Across Multiple Medical Practitioners
In Baker v. Farrand, 2011 ME 91, 26 A.3d 806, the Maine Law Court held that, under the “continuing negligent treatment” doctrine, a doctor could...
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Retaining Good Expert Witnesses in Medical Malpractice Cases
There’s nothing that can sink a medical malpractice case faster than a bad performance by an expert. Those of us who do this work have...
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Medical Malpractice Claims Under the Federal Tort Claims Act
Most medical malpractice claims are filed and litigated in Maine Superior Court, following the specialized pre-litigation screening panel procedures outlined in the Maine Health Security...
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What Is the “Medical Record,” and Why Does It Matter in Medical Malpractice Cases?
Medical malpractice cases typically center around review and interpretation of the patient’s “medical record.” However, in the digital era, just what constitutes a patient’s “medical...
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The “Botched Surgery” Case
We are frequently asked to look at cases involving patients who have had a bad outcome from surgery. The question in these cases is almost...
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Top Seven Defenses a Plaintiff Must Overcome to Win a Medical Malpractice Case
In litigating and trying medical malpractice cases, there are some common defenses that come up almost every time. Here is a list of the seven...
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