Injured by a Medical Error?
Looking for an experienced medical malpractice lawyer in Maine? Call Joe
A medical malpractice case in Maine can arise out of any number of situations. A doctor may fail to diagnose cancer or make some other type of diagnosing error. A nurse may administer the wrong medication to a patient. An anesthesiologist may administer an overdose.
Maine medical malpractice cases can have serious implications. Mistakes can have fatal consequences, which may be grounds for a wrongful death lawsuit. With so much at stake, it's crucial to retain an experienced medical malpractice lawyer in Maine.
If you or a loved one needs an aggressive, yet compassionate and caring medical malpractice attorney, contact the Law Offices of Joe Bornstein. We partner with highly rated medical malpractice attorneys who work closely with our law firm.
We provide a potent combination of resources, technology and legal experience to get results for our clients. Call 1-866-275-4563.
“I can’t say enough good things about Ben Bornstein and his team! They were so responsive, efficient, clear, and professional. They were easy to work with and patiently explained steps and procedures so that I could be compensated after my accident. I’m really impressed and highly recommend calling them right away if you are in an accident!” - Ellie O., ⭐⭐⭐⭐⭐
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FAQs About Medical Malpractice in Maine
- What is medical malpractice?
- Why does medical malpractice happen?
- How do I know if I have a medical malpractice case?
- Can I sue for a misdiagnosis or delayed diagnosis?
- What evidence is needed to support my claim?
- What types of compensation can I recover?
- How much is my medical malpractice case worth?
- Who can be held liable for medical malpractice in Maine?
- How do you file a medical malpractice claim in Maine?
- How long do I have to file a medical malpractice claim in Maine?
- How long does a medical malpractice case take to resolve?
- Can I sue on behalf of a loved one who died from medical malpractice?
- Do I need an attorney for my medical malpractice case?
What is medical malpractice?
Medical malpractice occurs when a healthcare professional, facility or provider – such as a doctor, nurse, or hospital – fails to provide care that meets the accepted standard of practice, and that failure causes injury or harm to a patient. Not every poor outcome is malpractice, but when a provider’s mistake or negligence results in serious harm, the patient may have a legal claim.
Why does medical malpractice happen?
Childbirth injuries, such as cerebral palsy in newborns, may be related to a mistake by the doctor or midwife. In other cases, an adult patient may suffer a brain injury as a result of a surgical mistake; a doctor may cause a LASIK error; the hospital administrators may be at fault for failing to hire an adequately trained staff member. (Please see our hospital liability page for more information.)
The following is a partial list of common types of medical malpractice cases:
- Failure to diagnose conditions such as cancer or a possible cardiac problem
- Mistakes made during surgery
- Mistakes made in the emergency room
- Anesthesia errors
- Errors leading to a wrongful death
How do I know if I have a medical malpractice case?
To have a valid medical malpractice claim, three elements must be established:
- The medical provider owed you a duty of care.
- They breached that duty by providing care that fell below the accepted standard.
- That breach directly caused your injury or harm.
A lawyer can review your medical records and consult with experts to determine if these elements are present in your case.
Can I sue for a misdiagnosis or delayed diagnosis?
Yes, you may be able to sue if a doctor’s misdiagnosis or delay in diagnosis that worsened your condition or caused serious complications. However, not all diagnostic errors qualify as malpractice. A successful claim must show that a reasonably competent doctor would have made the correct diagnosis under the same circumstances, and that the mistake caused actual harm.
What evidence is needed to support my claim?
Medical malpractice claims rely heavily on documentation and expert analysis. Important forms of evidence include:
- Medical records
- Test results and imaging
- Prescription history
- Expert witness testimony (often from another medical professional)
- Provider notes or communication records
- Records of follow-up care or changes in condition
A lawyer can help gather and interpret this evidence to support your case.
What types of compensation can I recover?
If your medical malpractice claim is successful, you may be entitled to compensation for:
- Medical bills (current and future)
- Lost income or loss of earning capacity
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
- Funeral costs or loss of companionship (in wrongful death cases)
How much is my medical malpractice case worth?
The value of a medical malpractice case depends on the severity of your injury, how it impacts your life, and the financial losses you’ve suffered. Serious, life-altering injuries often result in higher compensation than cases involving temporary or minor harm. Every case is different, and an attorney can give you a better idea of potential value after reviewing the details.
Who can be held liable for a medical malpractice claim in Maine?
Negligent parties in a medical malpractice case may include:
- Physicians
- Nurses or nursing staff
- Surgeons
- Anesthesiologists
- Hospitals or healthcare facilities
- Pharmacists
- Dentists
Liability can also extend to multiple parties if the harm resulted from a team-based failure or institutional negligence.
How do you file a medical malpractice claim in Maine?
Filing a medical malpractice claim in Maine starts with a few important steps. First, you’ll need to gather your medical records and other evidence related to the suspected malpractice. Then, before a lawsuit can officially begin, Maine law requires you to submit a Notice of Claim – a document that outlines your allegations and notifies the healthcare provider(s) involved that you intend to file a claim. This is a critical step and must be done properly to move forward.
After the Notice of Claim is filed, the case usually goes through a prelitigation screening panel. This panel reviews the evidence and provides an opinion on whether the claim has merit, which can influence settlement discussions or lead to formal litigation. An experienced medical malpractice attorney can help you prepare the notice, gather strong supporting documents, and ensure that your claim complies with all legal requirements.
How long do I have to file a medical malpractice claim in Maine?
In Maine, you typically have three years from the date of the alleged malpractice to file a claim. However, there are exceptions – such as cases that involved minors or foreign objects left in the body. Missing the deadline could mean losing your right to pursue compensation, so it’s important to act promptly.
How long does a medical malpractice case take to resolve?
Medical malpractice cases are often complex and may take months or even years to resolve. The timeline depends on factors such as the severity of the injury, whether the case goes to trial, and other factors unique to the case. An experienced medical malpractice lawyer can help move your case forward.
Can I sue on behalf of a loved one who died from medical malpractice?
Yes, you can pursue a wrongful death lawsuit on behalf of a loved one who died due to medical malpractice in Maine. However, under Maine law, such a lawsuit must be filed by the personal representative or special administrator of the deceased person's estate. This individual acts on behalf of the estate and the surviving family members.
Do I need an attorney for my medical malpractice case?
Even when medical professionals are responsible for your injuries, insurance companies may try to blame you, low-ball a settlement or deny a claim altogether.
Medical malpractice claims are difficult cases and require the skills of an experienced attorney. Our law firm has been helping clients in Maine since 1974. We have represented more than 25,000 Mainers and have collected more than $750 million in settlements and benefits.
You need an attorney with experience and resources to ensure your rights are fully protected. The Law Offices of Joe Bornstein has an expert team of lawyers and case managers who fight every day for clients. We serve injured and disabled people throughout Maine from our seven convenient office locations in Sanford, Biddeford, Portland, Windham, Lewiston, Augusta and Bangor.
Contact the Law Offices of Joe Bornstein
You deserve a medical malpractice lawyer who can go head-to-head with the insurance companies and aggressively pursue maximum compensation. Don't delay. We can review the details of your case and discuss your legal options.
Find out how the Law Offices of Joe Bornstein can help you pursue compensation and closure. If you are looking for a Maine medical malpractice attorney, call 1-866-275-4563 or contact us today. Your initial case evaluation is free. There's no obligation. You have nothing to lose and everything to gain.
"Our experience with the Law Office of Joe Bornstein was great. All the people that we dealt with were kind and respectful. Their work was prompt and very helpful. I would definitely recommend their services to anyone needing legal help in dealing with an accident."
- D.S., Bowdoinham, ME
