Your Maine Medical Malpractice Lawyers
As Maine's top Medical Malpractice law firm, Berman & Simmons stands ready to champion your rights and seek the compensation you deserve.
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Berman & Simmons Lawyers Are Widely Recognized as the Best Medical Malpractice Lawyers in Maine
We know how hard it can be when you or a your loved one suffered an injury caused by the malpractice of a doctor, nurse, or other 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 get the answers and compensation they deserve. When faced with legal challenges, the guidance and support of the experienced medical malpractice lawyers at Berman & Simmons is invaluable when navigating the complexities of the law and achieving the best possible outcome for your case. Our healthcare malpractice attorneys have the highest levels of knowledge, skill, and experience to provide crucial advice and representation throughout various stages of the medical malpractice process, ensuring that your rights and interests are protected. No other law firm in Maine can match our depth of talent, expertise, and financial resources to win your case.
Fighting for Medical Malpractice Victims
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 contact us for your free case 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.
Focus on Your Recovery, Not the Fight
If you’ve suffered from medical malpractice, your priority should be recovery—not fighting hospitals and insurers who deny responsibility.
We’re here to help. Our attorneys fight for maximum compensation, while our team eases your burden by guiding you through the process.
Let us handle the legal battle so you can focus on healing.
We proved the defense wrong and got a great result.
We'll give you a roadmap.
What Is Medical Malpractice?
Medical malpractice is when a healthcare provider, such as a doctor, nurse, or other medical professional, causes a preventable injury to a patient because the provider failed to treat the patient appropriately. The legal term for this is “negligence,” and it includes things like incompetence, improper technique, delayed diagnosis, medication errors, ordering incorrect tests, and any other medical error that causes to serious consequences. In a medical malpractice case, the patient has the burden of proof to show that the healthcare provider’s actions or inactions directly led to their injury, illness or continued health complications.
Medical Malpractice Victims’ Rights in Maine
In Maine, patients and their loved ones who have been affected by medical malpractice have specific legal rights, including the ability to bring a medical malpractice case to pursue compensation for the damages they have sustained.
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.
Acts Before It is Too Late to Pursue Justice for Medical Malpractice
Maine has strict statutes of limitations for filing medical malpractice lawsuits, so it’s critical to consult with the medical malpractice attorneys at Berman & Simmons as soon as possible if you think you or a loved one may be a victim of a medical error.
While most medical malpractice claims must be filed within three years of the negligent medical treatment, there are some circumstances when a claim must be filed even sooner (like when the medical provider worked for a governmental hospital or medical practice). There are also some circumstances when the statute of limitations for pursuing a case might be longer, such as when the same medical provider continues to treat a patient negligently over a period of time.
Please contact Berman & Simmons today 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.
Proving Negligence in Maine Medical Malpractice Cases
Standard 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 the Standard of Care
After establishing the standard of care, the lawyer must prove the provider breached (failed to meet) that standard because of their 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 of Harm
Causation of harm requires proving the medical provider’s negligence directly caused the patient's injury or illness. In other words, 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 the extent of damages caused by the provider’s negligence, including the patient's medical expenses, lost wages, permanent disability, pain and suffering, and loss of enjoyment of life.
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.