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Maine Medical Malpractice Statute of Limitations
Patients in this country are protected from the negligence of their health care providers, in that they have the right to sue their doctors in civil court for medical malpractice compensation. Medical malpractice is defined as a case where a medical professional, through their actions or through inaction, negligently injures a patient in their care. However, there are time limits on filing those cases, which vary by state. In Maine, in most cases, the victim has 3 years to file a claim.
Time Limits for Filing a Claim in Maine
The basic statute of limitations for medical malpractice suits is 3 years; however, there are exceptions. If the case is based on a patient finding a foreign object left in their body by a health care professional, the statute of limitations will begin as soon as the object is found or reasonably should have been found. In the case of a minor, the statute allows them 3 years from the time they turn 18 or 6 years from the time of the negligence, whichever comes first. In addition, if the negligence results in wrongful death, the victim’s family has 2 years from the date of death to file suit in Maine.
Negligence Laws
Maine’s negligence laws include a statute stating that statements of apology by the medical provider cannot be entered into court proceedings as admissions of guilt. Other negligence laws are included in the following chart:
|
Code Section |
Tit. 14 §156 |
|
Comparative Negligence |
None applicable |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
A claim for injury or death is not excluded if there is any fault on the part of the victim, but the jury determines just and equitable damages based on the merits of the case. If the plaintiff's fault is 50% or more, recovery of damages is barred. |
|
Contribution Among Tortfeasors |
No |
|
Uniform Act |
No |
Award Limits in Maine
In Maine, non-economic damages in medical malpractice suits are limited to $250,000 and punitive damages are limited to $75,000. In wrongful death suits, non-economic damages are limited to $400,000 and punitive damages are limited to $75,000.
Legal Help
In states with damage caps like Maine, medical malpractice suits are especially difficult, because even the slightest difference in perception by the jury can make a difference of thousands or even hundreds of thousands of dollars in the compensation that is awarded. Having an experienced attorney at your side can help provide the most accurate picture to the jury possible and ensure a true and fair result.