In Maine, a medical malpractice lawsuit can be a fairly complicated undertaking, especially compared with other types of civil lawsuits. On one hand, the medical and legal issues inherent to these kinds of lawsuits are complex—most claims include the introduction of extensive treatment records and the detailed (and often conflicting) testimony of multiple medical experts. And on the other hand, most Maine medical malpractice cases must clear some fairly significant procedural hurdles right at the outset: providing notice of the claim to any health care provider that will be sued, and presentation of a complaint to a "medical review panel" before the lawsuit can be filed.
In this article, we'll summarize these rules, which essentially serve as prerequisites to the filing of a medical malpractice lawsuit in Maine.
The Notice of Claim in Maine Medical Malpractice Lawsuits
In Maine, a medical malpractice case is started when the injured patient prepares a "notice of claim" in which he or she describes, under oath, "the professional negligence alleged and the nature and circumstances of the injuries and damages alleged"—that means what the health care provider did wrong, and how the patient was harmed.
This notice of claim can be served on each health care provider being sued, then filed with the court—or it can first be filed directly with the court and then served on the provider.
This procedural step isn't cheap either. Each notice that is filed with the court (a separate notice is required for each health care defendant being sued) must be accompanied by a $200 filing fee (although there are procedures for getting the fee waived).
You can find all of the details of this "notice of claim" process at Maine Revised Statutes Title 24, section 2853.
Screening Panels for Maine Medical Malpractice Lawsuits
The notice of claim process detailed above, and the ensuing "appearance" put in by each defendant health care provider who will be named in the suit, essentially serve as a precursor to consideration of the patient's claim by a screening panel. The statutory purpose of these panels is to "identify claims of professional negligence which merit compensation" and "to encourage early withdrawal or dismissal of nonmeritorious claims," according to Maine Revised Statutes Title 24, section 2851.
In requiring this kind of prelitigation screening, Maine joins a majority of states that have placed procedural safeguards (some would call them "roadblocks") in the path of medical malpractice plaintiffs, as part of tort reform efforts, which seek to discourage the filing of frivolous injury-related lawsuits.
Soon after the notice of claim is filed and served, and the health care provider(s) has responded, a screening panel is put together (the details of panel compilation are set out at Maine Revised Statutes Title 24, section 2852). The patient and the providers then to decide on a "timetable" for getting all relevant medical records and evidence to the panel, and for completing "discovery" (the exchange of records, depositions, and other evidence).
Next, a hearing takes place, at which the panel reviews all evidence and hears from the parties, their attorneys, and medical experts for both sides. After considering all evidence, within 30 days the panel's members all must issue an opinion as to:
- whether the patient's allegations amount to "a deviation from the applicable standard of care" by the defendant health care provider
- whether any health care provider's error was the legal cause of the patient's harm, and
- whether the patient bears any blame for the injuries.
Maine law specifically states that the pretrial screening process may be bypassed if all parties agree in writing to proceed with a lawsuit.
The Prescreening/Mediation Process Pauses the Lawsuit Filing "Clock"
Under Maine Revised Statutes Title 24, section 2859, the statute of limitations "clock" is paused (or "tolled" in legalese) from the date on which notice of claim is served on the defendant (and/or filed in court), and until 30 days following the claimant's receipt of notice of the panel's findings.
More Information on Maine Medical Malpractice Cases
For more details on filing requirements and anything else related to a Maine medical malpractice case—and of course, for legal advice that's tailored to your specific situation—it might be time to talk with an experienced medical malpractice lawyer.