One of the most common misconceptions about medical malpractice is that any medical mistake automatically creates a lawsuit.
That is not necessarily true.
Healthcare providers are not generally required to guarantee successful results. Instead, medical malpractice cases focus on whether the healthcare provider’s actions satisfied the applicable professional standard and whether a deviation from that standard caused the patient’s injury.
For example, a patient developing an infection after surgery does not by itself prove negligence. However, the circumstances surrounding the infection, the steps taken to prevent it, how quickly it was recognized, and whether it was appropriately treated could all become relevant.
Causation is equally important. Even if a medical professional made an error, a claimant generally must connect that error to actual harm.
Proving a Medical Malpractice Claim in Maine
Medical malpractice cases generally require significantly more medical evidence than ordinary personal injury cases.
An investigation may focus on questions such as:
Was there an applicable standard of care?
The appropriate standard may depend on the particular medical specialty and circumstances.
Did the healthcare provider deviate from that standard?
Qualified expert analysis is often essential to answering this question.
Did the deviation cause an injury?
It is generally insufficient to identify a mistake without showing that the mistake caused or contributed legally to the claimed harm.
What damages resulted?
The claim must also establish the losses attributable to the injury.
Our Portland medical malpractice lawyers can gather and organize the evidence necessary to investigate these questions.
Medical Records Can Be Critical Evidence
A medical malpractice investigation may involve hundreds or thousands of pages of medical documentation.
Potentially relevant evidence can include physician notes, nursing notes, hospital charts, laboratory reports, diagnostic imaging, medication administration records, surgical reports, anesthesia records, fetal monitoring records, discharge instructions, pathology reports, and specialist consultations.
The records often need to be examined chronologically.
A detailed timeline can reveal when symptoms appeared, when tests were ordered, when results became available, which healthcare professionals reviewed those results, and when treatment decisions were made.
Expert Witnesses in Medical Malpractice Cases
Expert medical testimony can play a central role in professional negligence litigation.
Medical experts may be asked to evaluate the applicable standard of care, determine whether a provider departed from that standard, and address whether the alleged negligence caused the patient’s injuries.
Different specialists may be necessary for different issues.
For example, a birth injury case could involve obstetrical, neurological, neonatal, rehabilitation, and economic evidence. A surgical malpractice claim might require analysis by a surgeon practicing in the relevant field.
Selecting qualified experts and providing them with complete medical records can therefore be an important part of building a case.
Maine’s Prelitigation Medical Malpractice Screening Process
Medical malpractice claims in Maine involve procedures that differ significantly from many ordinary personal injury lawsuits.
Under the Maine Health Security Act, alleged medical malpractice claims generally go through a prelitigation screening process before a conventional malpractice lawsuit proceeds. Maine’s courts have explained that a prelitigation screening panel must generally hear alleged malpractice cases before a complaint is filed in court, although the parties can agree in writing to bypass the panel. Screening-panel proceedings are also confidential.
This is an important reason to work with attorneys familiar with Maine medical malpractice procedure. The process can involve notices, medical evidence, discovery, expert review, panel proceedings, and eventually litigation when appropriate.
The screening process should not be confused with a final court judgment. Maine’s Supreme Judicial Court has explained that the panel does not have independent judicial authority to enter a final judgment.
How Long Do You Have to File a Medical Malpractice Claim in Maine?
Deadlines are among the most important issues in any potential medical malpractice case.
Under current Maine law, actions for professional negligence generally must be commenced within three years after the cause of action accrues, and the statute provides that the cause of action generally accrues on the date of the act or omission giving rise to the injury. Maine law contains special provisions involving minors and a separate rule involving certain foreign objects left in the body.
The law also addresses tolling during the prelitigation screening process.
Because exceptions and procedural requirements can materially affect a deadline, you should not attempt to calculate the filing deadline based solely on general information found online. If you suspect malpractice, contact an attorney promptly and have the specific dates and circumstances reviewed.
What Compensation May Be Available in a Medical Malpractice Claim?
The damages available depend upon the circumstances and applicable law.
A claim may potentially seek compensation associated with:
Medical Expenses
A serious malpractice injury can require additional hospitalization, surgery, physician treatment, rehabilitation, medication, therapy, and long-term medical care.
Future Medical Care
Some injuries require treatment for years or for the remainder of a person’s life. Future healthcare needs may therefore become an important component of damages.
Lost Income
If the injury prevents the patient from working, lost wages may be part of the claim.
Reduced Earning Capacity
Permanent injuries can prevent someone from returning to a previous occupation or limit future employment opportunities.
Pain and Suffering
Serious medical injuries can produce substantial physical pain and emotional consequences.
Permanent Disability and Impairment
Brain injuries, neurological injuries, paralysis, organ damage, and other catastrophic conditions can permanently change someone’s independence and quality of life.
Wrongful Death
When alleged medical negligence causes a patient’s death, surviving family members and the patient’s estate may have rights under Maine’s wrongful death laws. These cases involve additional statutory requirements and should be evaluated individually.
Why Medical Malpractice Cases Can Be Difficult
Hospitals, doctors, and their insurers may vigorously defend malpractice allegations.
Medical causation itself can also be complicated. A defendant may argue that the patient’s injury resulted from the underlying illness rather than from negligent treatment.
Consider a delayed cancer diagnosis. The legal and medical investigation may need to determine when the cancer reasonably should have been detected, how advanced it was at that point, what treatment would probably have been available, and whether the delay changed the patient’s prognosis or caused additional injury.
These are not questions that can usually be answered simply by looking at one medical record.
A Portland medical malpractice law firm handling such a claim may need to assemble extensive documentation and obtain opinions from specialists capable of addressing these complicated issues.
Why Hire Portland Medical Malpractice Lawyers?
Medical malpractice litigation combines medicine, law, procedure, and expert evidence.
An experienced lawyer can investigate what happened, obtain medical records, identify potential defendants, work with appropriate experts, evaluate damages, comply with procedural requirements, communicate with insurers and defense attorneys, and prepare the case for litigation when necessary.
An attorney can also protect the injured patient’s interests while the patient and family focus on medical care and recovery.
Insurance companies and healthcare organizations typically have experienced attorneys protecting their interests. Having your own legal representation can ensure that someone is equally focused on protecting yours.
What to Do If You Suspect Medical Malpractice
Your immediate health should remain the priority. Obtain appropriate medical care and consider seeking another medical opinion when necessary.
Preserve documents connected with your treatment, including discharge paperwork, medication information, bills, correspondence, and other records.
Write down what you remember while events are still relatively fresh. Include important dates, conversations with healthcare providers, symptoms, treatments, and how your condition changed.
Avoid assuming that an unexpected result necessarily means malpractice occurred. Instead, have the circumstances professionally evaluated.
Most importantly, do not wait until a filing deadline is approaching before speaking with a lawyer. Medical malpractice investigations can require substantial time.
Frequently Asked Questions About Medical Malpractice in Portland, Maine
How Do I Know Whether I Have a Medical Malpractice Case?
The best way to determine whether you potentially have a case is to have the circumstances reviewed by an attorney and, when appropriate, qualified medical professionals.
A bad outcome does not automatically establish negligence. Your case must be evaluated to determine whether the healthcare provider deviated from the applicable standard of care and whether that deviation caused an injury.
This often requires obtaining your complete medical records and reconstructing the timeline of care.
Is a Misdiagnosis Automatically Medical Malpractice?
No. Doctors can sometimes make an incorrect initial diagnosis without committing malpractice.
The important question is whether a reasonably appropriate diagnostic process was followed under the circumstances.
For example, an attorney may investigate whether the physician adequately considered the patient’s symptoms, medical history, examination findings, laboratory results, imaging, and other available information. The investigation may also consider whether additional tests or referrals should reasonably have been ordered.
Can I Sue If My Doctor Failed to Diagnose Cancer?
Potentially, depending on the facts.
A delayed cancer diagnosis claim may require evidence showing that the cancer reasonably should have been identified earlier and that the delay caused legally compensable harm.
Medical experts may need to examine previous imaging, pathology, laboratory results, symptoms, and other information to determine whether an earlier diagnosis should have occurred.
Can I File a Claim for a Surgical Error?
A surgical error can potentially support a malpractice claim if negligence caused an injury.
The investigation may involve the surgeon’s actions, preoperative preparation, surgical technique, anesthesia, nursing care, postoperative monitoring, and treatment of complications.
Because surgery has inherent risks, expert medical review can be especially important in distinguishing a recognized complication from preventable negligence.
Can Parents Pursue a Claim for a Birth Injury?
Potentially.
Parents concerned that medical negligence contributed to their child’s injury should speak with a birth injury lawyer who can evaluate prenatal care, labor and delivery records, fetal monitoring information, neonatal records, and other relevant evidence.
Birth injury cases can be especially complicated because the child’s future medical and supportive needs may not be immediately apparent. Experienced birth injury attorneys may therefore consult multiple specialists when evaluating the child’s condition and future needs.
How Long Does a Medical Malpractice Case Take?
There is no universal timeline.
Medical malpractice claims can take considerable time because they may involve extensive record collection, expert evaluation, Maine’s prelitigation screening procedures, discovery, negotiations, and potentially a trial.
The duration depends on the complexity of the medical issues, number of defendants, extent of injuries, procedural issues, and whether the parties are able to reach an appropriate settlement.
Will My Medical Malpractice Case Go to Trial?
Not necessarily.
Some claims resolve before trial through negotiation or other resolution procedures. Others require litigation because the parties disagree about negligence, causation, damages, or the appropriate amount of compensation.
A medical malpractice lawyer should prepare a claim carefully enough that it can be litigated effectively if an appropriate settlement cannot be reached.
What If More Than One Healthcare Provider Made Mistakes?
Medical treatment frequently involves teams of healthcare professionals.
Depending on the circumstances, an investigation could examine the actions of multiple physicians, nurses, specialists, hospitals, practices, or other healthcare providers.
Your attorney can evaluate the medical records and other evidence to determine which individuals or organizations may potentially bear responsibility.
What If I Am Not Sure Who Caused My Injury?
You do not need to identify every potentially responsible party before contacting an attorney.
Determining who may be legally responsible is part of the investigation.
For example, an injury that initially appears to involve a surgeon could also raise questions about anesthesia, postoperative nursing care, hospital procedures, medication administration, or follow-up treatment.
Should I Request My Medical Records Before Contacting an Attorney?
You may request your records, but you do not necessarily need to wait until you have obtained everything before contacting a lawyer.
Medical malpractice attorneys can identify which records are likely to be relevant and work to obtain the documentation needed for a complete evaluation.
Contacting an attorney early can also reduce the risk that important deadlines are overlooked.
Why Should I Hire a Local Portland Medical Malpractice Law Firm?
Medical malpractice claims are governed by state-specific laws and procedures. Working with attorneys familiar with Maine’s legal system can be particularly valuable because Maine has its own statutory deadlines and prelitigation screening procedures.
Local representation also provides a resource for patients and families dealing with the practical consequences of a serious injury while navigating an unfamiliar legal process.
How Much Is My Medical Malpractice Case Worth?
There is no responsible way to assign a value without investigating the facts.
Potential value can depend on the severity and permanence of the injury, medical expenses, future treatment needs, lost earnings, diminished earning capacity, pain and suffering, disability, and the strength of the evidence establishing negligence and causation.
A catastrophic injury requiring lifelong medical care is fundamentally different from an injury that resolves after a short period of additional treatment.
A Portland medical malpractice attorney can evaluate these factors after sufficient medical and financial information has been collected.
What Happens If Medical Malpractice Causes a Death?
When suspected medical negligence results in death, surviving family members should promptly obtain legal advice about a possible wrongful death and professional negligence claim.
These cases may require analysis of both medical malpractice requirements and Maine wrongful death law. Attorneys may examine whether negligence caused or contributed to the death and what losses may legally be recoverable.
Because different deadlines and statutory rules may apply, families should seek individualized legal advice rather than relying on a general limitations period.
Speak With Portland Medical Malpractice Attorneys About Your Case
When medical care causes unexpected harm, patients and families are often left with difficult questions.
Was the injury an unavoidable complication? Should the condition have been diagnosed earlier? Did a surgeon make a preventable mistake? Was the wrong medication administered? Should doctors have responded differently during labor and delivery? Did the hospital fail to recognize that a patient’s condition was deteriorating?
Getting meaningful answers may require a detailed medical and legal investigation.
At Independence Law Maine, we understand that medical malpractice cases can involve serious injuries, complicated medical evidence, and profound consequences for an entire family. Our Portland medical malpractice lawyers can evaluate the circumstances surrounding your treatment, investigate whether the applicable standard of care was violated, and determine what legal options may be available.
Whether your potential case involves misdiagnosis, delayed diagnosis, surgical negligence, medication errors, anesthesia mistakes, failure to treat, hospital negligence, or an injury to a child during birth, obtaining legal advice early can help protect important evidence and legal rights.
If you or a family member has suffered serious harm that you believe may have resulted from negligent medical treatment, contact Independence Law Maine to discuss your circumstances with Portland medical malpractice attorneys.
A medical malpractice injury can change your health, your finances, your ability to work, and your family’s future. You should not have to navigate a complicated professional negligence claim without experienced legal guidance.
Contact Independence Law Maine to discuss your potential medical malpractice claim and learn more about your legal options in Portland, Maine.
