Maine Medical Malpractice Laws

There is no limit on damages. There statute of limitation is three years from the date the cause of action accrues (for minors, six years from the date of accrual or three years after reaching majority age, whichever occurs first; for foreign objects, the time accrues from the date of reasonable discovery). There is joint and several liability. Attorney fees may not exceed one-third of the first $100,000, 25% of the next $100,000, and 20% of the amount exceeding $200,000. The Court may order future damages that are $250,000 or greater to be paid in whole or in part by periodic payments, upon request by a party. Medical malpractice claims are subject to mandatory prelitigation screening and mediation panels, which may be waived by agreement of all parties. The written findings of the panels are not admissible at trial. There is no requirement for an affidavit or certificate of merit.

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