New Gloucester Medical Malpractice Lawyers Standing Up for Victims Hurt After a Medical Error
When you trust a doctor or hospital with caring for your health and wellness only to find that they did not act professionally, made careless errors, or acted with negligence, you need to recruit the help of a legal team that knows how to fight back. Medical malpractice cases are different and often more complicated than other types of personal injury claims. Gideon Asen LLC has specialized expertise in helping victims of medical malpractice and can guide you through the strict procedural rules necessary to even begin your case.
WHAT ARE THE STEPS IN A MAINE MEDICAL MALPRACTICE CASE?
In order to initiate a medical malpractice claim, the state of Maine requires the victim (the plaintiff) to prepare and file a Notice of Claim. This is a document produced under oath with details of what the medical professional did wrong and how the plaintiff was injured as a result.
Medical malpractice cases in Maine are required to go through a pre-lawsuit screening. The case is brought in front of a panel made up of personal injury attorney New Gloucester, a medical professional, and a panel chair. The panel will determine if the plaintiff has a valid claim. In some cases, it is possible to reach an advanced settlement if the panel finds your case strong. Other cases require a jury trial. In either of these situations, it is strongly recommended that you recruit the help of a medical malpractice attorney, as this type of claim is often complex and time-consuming.
HOW LONG DO I HAVE TO FILE A MEDICAL MALPRACTICE CLAIM IN MAINE?
The statute of limitations for medical malpractice claims in Maine is three years from the date when the medical error was allegedly committed. Cases filed after that deadline will most likely be dismissed by a court. There are a few exceptions to the three-year rule that apply to the discovery of foreign objects or when the victim is a minor.
Minor victims have up to 6 years from the date of the error, or 3 years after the minor patient reaches the age of majority – whichever comes first. Patients who have been harmed by foreign objects left in their bodies following a surgery or similar medical procedure have 3 years to file a claim following the date when the object was discovered. A foreign object is defined as something left behind unintentionally, such as a sponge or a piece of surgical instrumentation. This means that foreign object claims do not include items that have been purposefully implanted in a patient’s body, such as a prosthetic device.
Finally, Maine courts have adopted the “continuing negligence treatment” doctrine. Under this rule, if a medical provider committed negligence within the three-year statute of limitations period, the patient may be able to also claim acts of the same provider’s negligence that pre-dated the three years.
HOW MUCH MONEY MAY I BE ABLE TO RECEIVE?
Unlike other states, Maine does not have a cap or limit on how much money you may be able to receive for your medical malpractice claim.
Maine does have a limit of $750,000 on a beneficiary’s recovery for the wrongful death of a loved. However, even in a wrongful death claim, the beneficiary may be entitled to recover other categories of damages, such as medical bills, lost earnings and the pre-death conscious suffering of the decedent—none of which are subject to the $750,000 cap.
That being said, each case is different and there is no way to determine exactly how much your case may be worth without employing enough time and effort to investigate your case and document the extent of your injuries and their effect on your daily life. Factors like the severity of your injury and losses resulting from it – both economic and non-economic – can be fundamental in calculating your settlement amount.
WHAT SHOULD I DO NOW?
The best way to find out if you have an eligible case and how much money you may be able to receive for it is by talking to a Maine medical malpractice attorney. Gideon Asen LLC proudly serves clients all across Maine as well as New Hampshire and Vermont with legal services and advice for personal injury and medical malpractice cases. Contact us for a no-commitment case analysis at (207) 206-8982.