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Statute of Limitations

An action for medical malpractice must be brought within three years from the date of the alleged negligent act or omission.

Comparative or contributory negligence

modified comparative negligence thus a claimant's action is barred if the jury finds him to be "equally at fault."

Nature of accused's liability

joint defendants are jointly and severally liable.Thus, any defendant against whom judgment has been entered may be liable to the claimant for the entire judgment, regardless of the defendant's share of fault.

Law of contribution

Joint defendants have a right to contribution

Expert testimony standards

Maine does not require an expert's affidavit. Expert testimony is required to establish a prima facie case of negligence, unless the negligence lies within the common knowledge of a layman

Limits on compensation

None for medical malpractice, non-economic damages for wrongful death are capped at $150,000, punitive damages at $75,000

Limits on attorney fees

In an action for professional negligence, an attorney cannot collect contingent fees in excess of 33 1/3 percent of the first $100,000 recovered, 25 percent of the next $100,000 recovered, and 20 percent of any amount above $200,000

Collateral Source rule enforced

Evidence of collateral payments to a claimant is admissible in Maine after a verdict for the claimant and before a judgment is entered on that verdict. The court will reduce an award for damages by the amount paid by the collateral source.

State and local health care providers immune from liabaility

The Maine Tort Claims Act, provides limited immunity for all government entities, including the state, cities, towns, plantations, counties, and other special districts.This provision is applicable to state hospitals.

Select Your State

Select Your State

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Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability