We trust our healthcare providers to diagnose us when we are sick, offer helpful treatment options, and keep our minds and bodies healthy. Unfortunately, not all medical professionals can be trusted. When your healthcare provider makes a medical mistake or error that costs you in more ways than one, you may have the right to take legal action against them. With the legal support of our highly experienced Lewiston medical malpractice lawyers from Berman & Simmons, you can demand the maximum compensation you are entitled to.
Pursuing a medical malpractice claim will not be easy. The at-fault parties, hospitals, and insurance companies will likely push back as you fight for justice. Fortunately, when our Lewiston personal injury attorneys are handling your case, you can rest easier. Schedule a 100% free consultation today to learn more about how the medical malpractice claims process unfolds, whether you have grounds for a malpractice lawsuit, and what to expect from the insurance company.
What is Medical Malpractice?
Medical malpractice may occur anytime a healthcare provider makes a medical decision or mistake that causes serious bodily injury, illness, or death. Mistakes happen in any industry, but in the medical profession, errors can cost patients their lives. According to the National Practitioner Data Bank, there were 161 instances of medical malpractice reported across the state of Maine in 2022. With numbers this high, it is surprising that more is not being done to reduce instances of medical mistakes and errors.
Healthcare providers are held to a higher standard of care than other professions. According to the National Library of Medicine, the medical standard of care must be breached for patients to have grounds for a medical malpractice claim. The medical standard of care is broken if a medical professional makes a mistake or error that another provider of comparable education, training, and experience would not have made.
If you are not sure whether you have grounds for a claim, turn to a respected medical malpractice lawyer with Berman & Simmons. Our team can carefully review the circumstances of your injuries and your medical records and take a deep dive into your healthcare provider’s employment history to determine whether similar mistakes have been made in the past. If, after reviewing the details of your case, we believe you have strong grounds for legal action, we can open up a more comprehensive investigation and begin building your claim against the healthcare provider who caused your injuries.
Common Medical Malpractice Examples in Lewiston
One of the reasons medical malpractice continues to be a serious issue is that there are so many different ways that it can happen. Rather than take responsibility for their actions, healthcare providers will try to hide their mistakes behind potential symptoms and side effects associated with various treatment options.
For example, if you were prescribed an antibiotic at a specific dose, and the pharmacist who filled your order provided you with a higher-than-prescribed dosage, they may avoid liability by claiming that the symptoms and side effects you experienced are simply a potential risk of the antibiotics. Some of the most common types of mistakes and errors our medical malpractice attorneys have seen in 100+ years of service include:
- Missed diagnosis
- Failure to diagnose
- Failure to treat
- Misdiagnosis
- Failure to provide follow-up care
- Birth injuries
- Maternal birth injuries
- Anesthesia mistakes
- Prescription medication errors
- Defective medical devices
- Surgical mistakes
These are only a few examples of potential medical mistakes that may warrant the pursuit of a malpractice lawsuit. You may not always be sure whether your healthcare provider did something to worsen your condition. If you suspect your healthcare provider may have made a mistake but are unsure of where to turn for help, turn to a trusted medical malpractice attorney at our firm to figure out your potential next steps.
Filing a Medical Malpractice Claim
Filing a claim with the insurance company or bringing your case to court does not need to be intimidating when you have a powerful medical malpractice attorney in your corner. Every case is different, but most claims begin with an in-depth investigation into the medical mistake in question. Once we have evidence to support your case, we will consider our options. You may be able to:
- File a malpractice insurance claim against your healthcare provider
- File a malpractice insurance claim against the hospital where your treatment occurred
- Pursue a medical malpractice lawsuit in the Maine civil court system
Generally, malpractice insurance only covers medical bills and loss of income. However, depending on the details of your case, you may also be able to recover compensation for your emotional distress, reduced quality of life, inability to complete daily living tasks, pain and suffering, and reduced earning potential by filing a personal injury lawsuit.
Examples of Potentially Liable Parties in Medical Malpractice Lawsuits
Medical malpractice law firms have the potential to sue virtually any healthcare provider that made a mistake or error. Since all healthcare providers are held to a higher standard of care, nearly anyone involved in your treatment or care could share culpability.
For example, if your baby was diagnosed with a traumatic brain injury after forceps were used during your delivery, there are several potential parties who could be at fault, including:
- Your midwives
- The on-call OB/GYN
- Labor and delivery nurses
- The pediatrician
- The neonatal care team
- Your obstetrician
- Other third parties
The type of medical malpractice you are a victim of will also determine who could share liability. For instance, if a surgical mistake caused your injuries, not only could you file a medical malpractice complaint against your surgeon, but you may also have grounds for a claim against their surgical assistant, nurses, surgical instrument manufacturers, and anyone else involved in your pre and post-surgery care.
It may surprise you to learn that you may have the right to file a claim against your physician’s office, the hospital where you received care, or another healthcare facility. If these facilities employ your healthcare providers, the facilities may be vicariously liable for your damages. However, if the medical professional was not an employee but instead designated an independent contractor, suing the hospital may not be an option in your case. We can discuss potential ways to recover the compensation you deserve in further detail during your initial consultation.
Lewiston Medical Malpractice FAQ
When you have a million questions running through your mind about how medical malpractice cases work, you can turn to Google to find answers. However, there will be countless pages containing thousands of results, and you may find it difficult or impossible to find the answers you were looking for.
Fortunately, our medical malpractice law firm is here to help you get the information you need when you need it. Check out our quick medical malpractice FAQ below and contact our legal team to request a free consultation if you have further questions we do not cover on this page
What is the statute of limitations on medical malpractice in Lewiston?
If you are interested in filing a medical malpractice lawsuit, you must do so quickly. Typically, the statute of limitations will expire three years from the date of the incident, according to MRS Title 24, §2902. However, with the right legal advocate on your side, this deadline could be extended. For example, if you have minor children who were victimized by medical malpractice, this deadline may not begin counting down until they reach the age of 18.
Similarly, in the event you are not diagnosed with an injury related to the medical error on the same day, you may find the statute of limitations paused until your discovery date. This would be the date you received your official diagnosis. Our Lewiston medical malpractice lawyers are here to help ensure you do not miss out on the compensation that is rightfully yours. If your lawsuit is not filed before time runs out, the court system may refuse to hear your case. Let’s get started on your claim sooner so we can avoid any of these hassles.
What do I do if my healthcare provider blames me for my injuries?
Do not be surprised if your healthcare provider blames you for your injuries. It is not at all uncommon for medical professionals to hide their medical mistakes behind the potential side effects and symptoms of any particular treatments you may have received. Fortunately, Maine operates under a modified comparative negligence system under Title 14, §156: Comparative negligence. This means even if you did do something to cause your injuries or illness, the state’s shared fault laws may protect you. The threshold for blame is 50%.
If your portion of fault is greater than 50%, you may no longer have the right to recover compensation for your damages. However, if your percentage of liability is less than 50%, your settlement will simply be reduced by your percentage of blame. Your Lewiston medical malpractice lawyer will need to gather compelling evidence to establish blame. This way, the at-fault party cannot get away with placing unjust or unnecessary liability on you.
Can I be awarded punitive damages in my medical malpractice lawsuit?
It is possible punitive damages could be awarded in your medical malpractice lawsuit. Generally, punitive damages are reserved for the most serious types of personal injury claims. If your healthcare provider intended to cause injuries or illness or committed some other act of egregiousness, the Maine civil court system may find their actions warrant punitive damages under Title 5, §4613: Procedure in Superior Court.
For example, if you were scheduled for a hysterectomy or heart surgery, and your surgeon operated under the influence of drugs or alcohol, punitive damages may be warranted. You can rely on your Lewiston medical malpractice attorney from Berman & Simmons to keep you informed and prepared to request punitive damages should it be appropriate.
What is a contingency agreement?
It is not uncommon for Lewiston medical malpractice law firms to work for their clients on a contingency agreement. This allows injury victims like you to hire a legal representative without paying any money out of pocket. If you were to work with a divorce lawyer or criminal defense attorney, for example, you may need to pay an hourly rate or put thousands of dollars down as a retainer fee.
However, at Berman Simmons, we cover every expense related to your claim and only get paid if we win. There is little to no risk in having our legal team take on your case. Find out more about how our contingency agreements work in line with Title 24, §2961: Contingent fees when you contact us for a free consultation.
Should I just accept the malpractice insurance company’s settlement offer?
If the insurance company comes to you with a settlement offer after you have filed a medical malpractice claim, your best option is to review the offer with your catastrophic injury attorney. Insurance companies that make settlement offers frequently do so to avoid paying out the actual value of your claim. For example, let’s say the insurance company has reviewed your damages and sees that the total value of your economic and non-economic damages is $1 million. To protect their profit margins, they may make you a settlement offer of $350,000.
When you are struggling to make ends meet, $350,000 may seem life-changing. However, when you were entitled to significantly more, a $350,000 settlement is insulting. Do not let the insurance company take advantage of you. Our medical malpractice team will review the evidence, your damages, and the malpractice insurance policy to ensure the insurer upholds their financial responsibilities. If the insurance settlement you receive is still not enough to cover the total value of your losses, we will be prepared to move forward with your medical malpractice lawsuit in civil court.
Consult Our Respected Lewiston Medical Malpractice Attorneys for Help Today
Your healthcare provider’s medical mistakes could have a significant impact on your life for the foreseeable future. There is no reason you should be stuck covering exorbitant medical expenses and dealing with the fallout of your injuries when someone else’s recklessness or negligence is the cause. Have our dedicated Lewiston medical malpractice law firm put our decades of legal knowledge and training to work for you and your family when you need it.
The claims process can be intimidating, but you do not need to go through it alone. Our Lewiston medical malpractice attorneys are here to guide you through the negotiation process, ensure we have accounted for every loss, and fight to hold your healthcare provider and anyone else who facilitated your injuries accountable. Find out more about what is next for your malpractice claims when you contact our law office to schedule a free, no-obligation consultation. Reach us by phone or through our secured contact form to get started as soon as today.