Many Maine hospitals, especially since 2020, have been increasingly hiring locum tenens[1] physicians and nurses, as well as other contract providers to treat patients. When a patient goes to a hospital for treatment, their doctor or nurse’s employment status is likely the last thing on their mind; however, if that provider’s treatment is negligent, the...
Law Articles
Uninsured and Underinsured Motorist (UIM) coverage is an essential consideration for any motor vehicle-related injury claim. A thorough understanding of UIM/UM law can ensure you are not leaving money on the table. This involves discerning the nuances and potential complications of coverage limits, liability, policy language, and regulations. Our attorneys are experts at maximizing client...
In honor of tax season, here is a brief reminder about the potential tax implications of personal injury settlements. Conventional wisdom is that recovery for personal injury claims is not taxable income, except for punitive damages. However, it is important to remember that this is not always the case. Most of us are not tax...
At some point, most attorneys make or receive a referral. Referring potential and existing clients is an integral part of the practice of law, contributes to the healthy ecosystem of the bar, and can be a means to maximize client outcomes. Referrals can also generate substantial income for practicing attorneys. Understanding and integrating referrals into...
Defendant Seeks to Limit its Liability as a Matter of Law Does the duty of a tour bus operator to provide its passengers a reasonably safe discharge include a duty to drop passengers off at a location where they have a safe path to the front door of their destination? Or, is the duty limited...
In 2009, the Maine Legislature eliminated ten words from the state’s wrongful death statute. Although this bit of lawmaking was marked by little fanfare, it profoundly reshaped the scope of damages available to grieving beneficiaries of such claims in Maine. Prior to the 2009 amendment, Maine’s wrongful death statute provided, in pertinent part: The jury...
On October 18, 2021, new legislation went into effect that removed Maine’s statute of limitations for childhood sex abuse claims. It is a timely change that empowers survivors of sexual trauma to come forward and share their experiences when they are ready, rather than being constrained by an impersonal, sometimes impractical, one-size-fits-all deadline. The change...
Ask yourself: when is the last time you leveraged Rule 30(b)(6) to bolster your case? If your answer isn’t “recently,” you may want to pay close attention. A cousin of its federal counterpart, Maine Rule of Civil Procedure 30(b)(6) is often overlooked and perhaps misunderstood. When properly wielded, M.R. Civ.P. 30(b)(6) is a powerful tool...
by Michael T. Bigos, Esq. and Elizabeth A. Kayatta, Esq. Article originally published in the 2/24/22 edition of Maine Lawyers Review. Trauma-informed lawyering is a new and invaluable tool for Maine attorneys. When deployed correctly, the trauma-informed approach helps to strengthen client relations, improve communication, and build trust. Though originally developed to empower clients in...
As a litigator, I do my best work by making myself informed, anticipating obstacles to desired outcomes, and engineering a plan to overcome them. Be it procedural, evidentiary, or one of client management, I have long believed there is rarely an issue that cannot be “lawyered around” with thoughtful practice. Then the pandemic struck, and...
Written for the Brain Injury Association of America (BIAA) Rose is a board-certified obstetrician-gynecologist in a small but busy independent practice. Funny, smart, and dedicated, this mother of two was out walking her dog when a car jumped a curb and struck her on the sidewalk. The impact threw her to the ground; she was...
The Law Court Clarifies Who May Recover in a Bystander Emotional Distress Claim Existing Law Court precedent allows emotional distress damages to a mother who sees her young son hit by a car as he crosses the street in front of her, but bars recovery if she learns about his injury in a telephone call...
Last year, I tried six civil jury cases to a verdict (2 medical malpractice and 4 personal injury) in five different counties (York, Cumberland, Androscoggin, Penobscot, and Aroostook). Along this journey, I learned three important lessons: (1) proceed with caution in stipulating to liability, (2) apply new approaches to jury selection, and (3) harness the...
As personal injury lawyers who represent people suffering from traumatic and often catastrophic injuries, we work closely with victims as they progress through the various stages of physical and emotional healing. Physical healing usually manifests in tangible, measurable, and often conclusive ways―bones no longer broken, mobility restored, and wounds healed. The intangible effects, however, such...
Sexual abuse claims present a web of emotional, psychological, and legal challenges. The heinous nature of such conduct, how and when it comes to light, and the impact it has on victims require plaintiffs’ lawyers to maintain a delicate balance of diligence and sensitivity in their representation. Lawyers also need to be mindful of and...
2019 was a busy year with six civil jury verdicts (2 medical malpractice and 4 personal injury) in five different counties (York, Cumberland, Androscoggin, Penobscot, and Aroostook). In three of the six cases, we recovered six figure verdicts that far exceeded any pre-trial offers from the insurance company. In one of the six cases, an...
Challenges to the Admissibility of an Expert Opinion in Novel or Rare Areas of Science The Law Court’s decision in State v. Burbank illustrates the challenges faced when attorneys designate an expert to give an opinion in a novel area of science. Although a criminal case, Burbank’s application of Maine Rule of Evidence 702 applies...
A $2-million medical malpractice verdict won by Berman & Simmons shows how trial lawyers with the skills and financial resources to develop a case thoroughly, and stick with it through an appeal, can transform a seemingly ordinary workplace injury into a highly valuable case. Holding an Institution Accountable for Mistakes it Refused to Acknowledge In...
All medical devices entering the US market must be approved by the US Food and Drug Administration (FDA). The FDA is responsible for protecting the public health by ensuring that only safe and effective medical devices are sold to consumers. However, 1.7 million people have been injured and 80,000 people have died from defective medical...
Maine’s Wrongful Death Act (“the Act”), among other elements of damages, permits recovery for pecuniary loss resulting from a decedent’s death. The most obvious means of establishing pecuniary loss derives from the decedent’s earning history. So must you forego a pecuniary loss claim if your client estate’s decedent was a child with little or no...