Determining If You Have a Medical Malpractice Case

Medical Malpractice clients come to Berman & Simmons through a number of different ways. Some are referred to us by other law firms or individual lawyers throughout Maine, New England, and around the country based on our reputation as “the best plaintiffs’ medical malpractice firms in Maine” and “the gold standard.” Others hear about us through relatives, friends, past clients, or even by searching online.

The first thing for us is to determine, of course, is whether or not you have a valid claim. A bad result alone is not enough to establish negligence. This can take days, weeks, or even a period of months for more complex cases. It’s critical to consult with us as soon as possible if you think you might be a victim of a medical error by a doctor, hospital, nursing home, or other healthcare provider. Maine has strict statutes of limitations for filing certain medical malpractice claims.

Here are the initial steps we take to determine if you have a viable medical malpractice case:

  • STEP 1: Free Consultation. Call us, fill out the simple
    form on our website
    , or stop by one of our offices in Portland,
    Lewiston, or Bangor
    to start the process. We’ll be in touch for more information or to schedule an appointment. We’re happy to meet with
    you at the hospital or your home if necessary. Everything we discuss is confidential and protected under the law.
  • STEP 2: Review of records. We will obtain and review all relevant medical records on your
    behalf. In most cases, there will be no need for you to communicate directly with your health care provider or
    medical facility.
  • STEP 3: Research. Once we get your records, we will conduct in-depth research about your
    particular conditions, including details about your medical history and treatments. We may have your records
    reviewed by leading medical experts when needed, at no cost to you.
  • STEP 4: Follow-up conversations. As we continue with the review process, our lawyers and staff
    members will be in regular contact with you to request additional information as needed and keep you informed about
    what’s happening. Also, you may check in with us at any time if you have any questions or concerns.
  • STEP 5: Case decision. Once we complete our case review, we’ll let you know if we think we have
    a basis to proceed with litigation and discuss what’s involved next, including filing a Notice of Claim, the
    discovery period, the pre-litigation panel hearing required for all medical malpractice cases and, when warranted,
    the filing of a lawsuit. Of course, we will let you know upfront if we don’t think you have a valid medical
    malpractice claim and why. If that’s the case, we will absorb all costs to that point and there will be no charges
    to you.

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