Medical malpractice cases in Maine don’t work like a typical injury claim. The state has a separate set of rules, mostly under a law called the Maine Health Security Act, that adds steps and deadlines. If you think a provider in Bangor, Ellsworth, or anywhere in the region made a mistake that hurt you, here’s what the road ahead looks like.
The standard of care
Every malpractice case turns on the standard of care: what a reasonably careful provider in the same field would have done in the same situation. The question isn’t whether the outcome was bad. It’s whether the provider’s care fell short of that standard, and whether that shortfall caused the harm.
Because these are medical questions, they almost always require testimony from qualified medical experts.
Step 1: Gathering records
Everything starts with the records. We request your charts, test results, imaging, and billing records from every provider involved. Then we have them reviewed to see whether there’s a real case. Many cases end here, with an honest answer that the care was reasonable. That’s a hard conversation, but it’s better than a long lawsuit that can’t succeed.
Step 2: Notice of claim
If the case is worth pursuing, Maine requires a written notice of claim to be served on the providers before a lawsuit can go forward. This gives the providers and their insurers formal notice of what’s being claimed.
Step 3: The screening panel
Most Maine malpractice claims go to a prelitigation screening panel before trial. The panel usually has three members: a chair who is a retired judge or experienced lawyer, a health care practitioner, and another attorney. Both sides present evidence and expert opinions, and the panel decides whether the provider breached the standard of care and whether that caused the injury.
The panel’s findings matter. If the panel is unanimous, its findings can be used at a later trial. Many cases settle after the panel rules, one way or the other.
Step 4: Settlement or trial
If the case doesn’t settle, it moves to court like other civil cases, with more discovery, depositions of the doctors and experts, and eventually a trial. We prepare every malpractice case as if it will be tried. That preparation is also what produces fair settlement offers.
Deadlines
In most Maine malpractice cases, the clock runs out three years after the mistake was made. There are exceptions, including special rules for children and for objects left in the body after surgery. Because the notice and panel steps take time, waiting until the last few months is risky.
Common types of cases
We regularly review cases involving missed or delayed diagnoses, surgical errors, medication mistakes, emergency room errors, and birth injuries. Our earlier article, Medical Malpractice: What Hancock County Patients Should Know, covers these in more detail.
Talk to us
Attorneys C. Peter Bos and William N. Palmer have more than 60 years of combined experience, and we represent patients throughout Penobscot and Hancock counties. Call (207) 945-5502, or visit our medical malpractice page.
This article is general information about Maine law, not legal advice for your situation. Reading it doesn't create an attorney-client relationship. If you have a specific question, call us at (207) 945-5502.
