Your Maine Medical Malpractice Lawyers
With a deep understanding of state laws and a commitment to justice, we stand ready to champion your rights and seek the compensation you deserve.
Get Help Now. Schedule A Free Case Review Today!
Medical Malpractice victims' rights in Maine
Medical malpractice involves a healthcare professional’s careless or improper actions, leading to a patient’s harm, sickness, long-term disability or fatality. Navigating medical malpractice cases in Maine is complex and demanding, and it is essential for those affected to understand their distinct rights and legal avenues.
When faced with legal challenges, the guidance and support of experienced medical malpractice lawyers from Berman & Simmons can be invaluable in navigating the complexities of the law and achieving the best possible outcome for your case. Our attorneys possess the necessary knowledge, skills, and experience to provide crucial advice and representation throughout various stages of the legal process, ensuring that your rights and interests are protected. In fact, no other law firm in Maine can match our depth of talent, expertise, and financial resources to win your case.
What Is Medical Malpractice
Medical malpractice is when a healthcare provider, such as a doctor, nurse, or other medical professional, fails to provide the appropriate standard of care, resulting in harm to a patient. This failure can be due to negligence, avoidable errors, oversights, omissions, or a breach of professional duty leading to serious consequences. In a medical malpractice case, the patient, or plaintiff, must prove that the healthcare provider’s actions or inactions directly led to their injury, illness or continued health complications and that they suffered damages.
Focused On Your Well-Being
Medical malpractice changes the lives of hundreds of thousands of Americans every year. But abstract statistics mean little when you are focused on the immediate challenges you and your family face. At Berman & Simmons, we want to relieve you of these burdens so you can devote your time and energy to recovering.
When you speak with us at your free initial consultation, we will carefully and patiently listen to your story as part of our comprehensive effort to understand what happened. We will then bring our extensive experience and unmatched resources to bear on your behalf, developing solutions that can make your life better, including obtaining payment for or deferral of your debts until we resolve your case.
Berman & Simmons’ Lawyers Are Widely Recognized As the Best Medical Malpractice Lawyers In Maine
Maine has strict statutes of limitations for filing medical malpractice complaints, so it’s critical to consult with us as soon as possible if you think you or a loved one may be a victim of a medical error. With our unique resources and talent, we strive to be among the best in the country.
Please contact Berman & Simmons today at (207) 618-9584 to arrange for your free consultation. You pay nothing unless we obtain compensation for you by settlement or jury verdict. Our Maine medical malpractice attorneys are ready to help you through this difficult time so you can recover and rebuild your life.
Our lawyers and staff members take the time to listen to you, understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved.
Medical Malpractice Victims’ Rights in Maine
In Maine, individuals affected by medical malpractice possess specific legal entitlements, including the ability to initiate legal action to pursue compensation for the damages they have sustained, following specific statutes of limitations. In Maine, most medical malpractice claims must be filed within three years of the negligent act. If the malpractice included a series of negligent acts, that three years begins on the date of the last negligent act if the negligent treatment was with the same provider. This is the general rule and there are exceptions with shorter time limitations.
Another crucial right granted to victims of medical malpractice in Maine is the ability to acquire copies of their medical records. These records can be pivotal evidence when building a robust medical malpractice case. Per Maine regulations, healthcare providers must maintain precise and comprehensive medical records and furnish patients with copies of their documentation upon request. By ensuring that individuals have access to their medical information, the law empowers victims with the necessary resources to assert their rights and seek justice in medical malpractice cases.
Proving Negligence in Maine Medical Malpractice Cases
Duty of Care
The first element shows the healthcare provider's duty of care arising from their professional relationship, requiring adherence to standards expected of a reasonably competent professional in the same field under similar circumstances.
Breach of Duty
After establishing duty of care, the lawyer must prove negligence, such as errors in diagnosis, improper treatment, or failure to obtain informed consent, demonstrating the healthcare provider’s failure to meet required standards.
Causation
Causation requires proving the provider’s negligence directly caused the injury or illness. The lawyer must show the harm wouldn’t have occurred without negligence, often relying on medical experts to establish this critical connection.
Damages
Lastly, the lawyer must prove damages caused by the provider’s negligence, including medical expenses, lost wages, and pain and suffering. Successful cases require proving duty, breach, causation, and damages to establish liability and justify compensation.
Gathering Evidence for Medical Malpractice Cases
The Benefits Of Hiring A Lawyer For Your Medical Malpractice Case
A medical malpractice attorney will initiate a detailed investigation into the victim’s case to uncover all relevant facts and identify any instances of negligence. This process includes obtaining and analyzing medical records, identifying potential witnesses, and collecting other pertinent evidence supporting the victim’s claim. The Maine medical practice lawyer’s experience in handling similar cases enables them to recognize crucial details that may be overlooked by someone unfamiliar with the medical and legal intricacies involved.
To build a robust case, a Maine medical malpractice attorney often works closely with medical experts with specialized knowledge in the relevant field. These experts can provide crucial insights into the healthcare provider’s actions, help establish the appropriate standard of care, and determine whether the provider’s conduct deviated from that standard. Furthermore, they can assist in demonstrating the causal link between the negligence and the damages sustained by the victim.
Maine medical malpractice lawyers are well-versed in negotiating with insurance companies on behalf of their clients. They can effectively navigate the complexities of insurance coverage and work to ensure that the victim receives fair compensation for their damages. This may involve negotiating settlements, contesting denied claims, or even pursuing litigation if necessary. By leveraging their expertise and experience, Maine medical malpractice attorneys can protect their clients’ interests and help them achieve the best possible outcome.
A medical malpractice lawyer is the victim’s legal advocate throughout the process. They provide guidance and advice, informing clients of their rights and legal options at each case stage. If a trial becomes necessary, the lawyer will skillfully represent the victim in court, presenting a persuasive argument and effectively challenging any opposing evidence or testimony.
Medical malpractice cases are often challenging and demand extensive knowledge of both medical and legal domains. By enlisting the support of a competent medical malpractice lawyer, victims can significantly improve their chances of obtaining fair compensation for their damages and achieving justice for the harm they have suffered.
Answers, assistance, and compensation for victims of medical malpractice
We know how hard it can be when you realize that your suffering was caused by a doctor, nurse, or another healthcare professional who failed to do their job properly. In Maine and throughout New England, the Berman & Simmons’ medical malpractice lawyers help victims of medical negligence and their families get the answers and compensation they deserve.
Medical mistakes can include:
- Your doctor failing to correctly identify, test for, or diagnose your condition, allowing a serious illness to go untreated for a long time.
- Doctors and staff missing the warning signs of a difficult or risky labor and delivery, failing to take the actions necessary to prevent serious birth injuries or harm to the mother.
- The staff at a nursing home or assisted living facility neglecting or abusing vulnerable seniors, leaving them with severe physical, emotional, and psychological injuries that may never heal.
- Your doctor recommending the wrong course of treatment or prescribing medication that does more harm than good.
- Your doctor making errors with anesthesia and surgical techniques or failing to take steps necessary to minimize the chances of severe and potentially fatal infections.
Related Practice Areas
Medical malpractice cases often intersect with other serious claims, including wrongful death, birth injuries, surgical errors, misdiagnosis, delayed diagnosis, and emotional trauma. At Berman & Simmons, we are committed to holding healthcare providers accountable for negligence and securing full compensation for the physical, emotional, and financial harm suffered by victims and their families.
Frequently Asked Questions
Common questions regarding medical malpractice claims, the legal process, and how our experienced team can support you through every step of seeking justice and fair compensation.
There are several factors to consider when hiring a medical malpractice lawyer. First, make sure you choose a lawyer and firm with a proven record of success in cases like yours. Second, trust your...
This is especially true for people who have never needed to consult with a lawyer or worry about wasting their valuable time. We talk to people every day who are facing the most difficult challenge...
In general, you have three years...
Here are some brief definitions of the most common types of damages awarded in a personal injury lawsuit:
- Economic damages include damages that can be calculated or fairly estimated, s...
When you’re considering hiring a medical malpractice lawyer to represent you, here are a few questions you should ask:
- Have you had success representing clients in cases similar ...