Medical Malpractice Lawyers in Portland, ME
If you've suffered serious injuries due to medical negligence in Portland or anywhere in Cumberland County, Berman & Simmons stands ready to fight for you. Since 1914, we’ve been a trusted advocate for victims throughout Maine, helping them rebuild their lives after devastating medical errors. Time and again, we have succeeded on behalf of our clients, securing landmark settlements and verdicts totaling millions of dollars. In fact, we have achieved more record-setting medical malpractice verdicts and settlements than any other law firm in Maine.
Our Portland medical malpractice lawyers are familiar with the work of local medical institutions, giving us unique insights into the standards and practices of healthcare in Cumberland County.
This includes, but is not limited to, the following hospitals and their affiliated practices:
- MaineHealth Maine Medical Center Portland
- MaineHealth Mid Coast Hospital
- Northern Light Mercy Hospital
- Bridgton Hospital
If you or someone you love has been hurt by medical malpractice, put your trust in Berman & Simmons. Time and again, we have shown that our team has the resources and knowledge to build strong cases that lead to life-changing outcomes.
Tell us your story in a free consultation. Call (207) 383-3216 or reach out online to schedule yours. We can conduct consultations virtually for your convenience.
Defining Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from accepted standards of care, causing harm to a patient. This can include mistakes in treatment, diagnostic errors, surgical mishaps, or failures in communication. For victims, these preventable medical errors are more than just mistakes; they represent serious, life-altering events.
To bring a medical malpractice claim, it must be shown that:
- A professional duty of care existed between the patient and the provider.
- That duty was breached due to negligent or reckless actions.
- The breach directly resulted in harm or injury to the patient.
These cases require thorough investigations, expert reviews, and a firm grasp of Maine's medical negligence laws.
Experience-Backed Representation in Complex Medical Malpractice Cases
Our seasoned legal team has worked on some of the most demanding medical malpractice cases in Portland and across Maine. Regardless of the complexity, we have fought relentlessly to hold those guilty of negligence accountable and secure justice for our clients.
The common types of cases we take on include:
- Surgical mistakes, such as wrong-site surgeries or post-surgical complications.
- Misdiagnoses or delayed diagnoses that lead to serious health consequences.
- Birth injuries stemming from negligent prenatal or delivery care.
- Medication errors, including incorrect dosages or harmful drug interactions.
- Anesthesia-related incidents resulting in long-term damage.
- Failure to provide timely treatment for urgent medical conditions.
- Hospital errors, such as infections or mismanagement of care.
- Wrongful deaths resulting from severe medical errors.
Maine’s Prelitigation Screening Panel Process
Before a medical malpractice lawsuit can be filed in Maine, state law requires a specific prelitigation process under the Maine Health Security Act (Title 24 MRSA, section 2853). Understanding these steps is essential for any Portland-area claimant.
- Notice of Claim: A claimant must file a sworn notice of claim describing the alleged negligence and resulting injuries. This notice is filed with the clerk of the Superior Court (Cumberland County Superior Court for Portland-area cases) and served on each named healthcare provider defendant.
- Panel Convened: After the notice is filed and the defendant responds, a prelitigation screening panel is convened. The panel includes a chair, typically someone with judicial or appropriate trial experience, along with a healthcare practitioner and an attorney who review the merits of the claim.
- Statute of Limitations Tolled: The filing deadline is tolled from the date the notice of claim is filed until 30 days after the claimant receives notice of the panel’s findings, per Title 24 MRSA, section 2859.
- Bypass Option: If all parties agree, the prelitigation screening process can be bypassed and the case can proceed directly to court.
A medical negligence attorney familiar with Maine’s procedural requirements can prepare the notice of claim, guide you through the panel process, and make sure no deadline is missed. We handle this process for Portland and Cumberland County clients from the very first step.
Compensation in a Portland Medical Malpractice Case
Maine doesn’t impose a cap on medical malpractice damages generally, which means recovery isn’t limited to an arbitrary dollar ceiling. In wrongful death cases, a cap applies only to non-economic losses, specifically the loss of comfort, society, and companionship category. That cap is currently $1,000,000, adjusted annually for inflation under Maine’s Wrongful Death Act. The actual value of any case depends on the severity and permanence of injury, impact on earning capacity, and other case-specific factors.
Recoverable damages in a medical malpractice case may include:
- Past and future medical expenses, including surgeries, hospital stays, and rehabilitation.
- Lost income or reduced earning capacity if you can’t return to work.
- Pain and suffering for the physical toll of your injuries.
- Emotional distress that follows a traumatic medical experience.
- Permanent disability or disfigurement with lasting effects on daily life.
- Loss of companionship and support in wrongful death cases.
When the Stakes are High, We Deliver Results
Our client reviews showcase the skills, advocacy, compassion, and work ethic we bring to every case to achieve the best results.
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“Tim was extremely professional, kind and compassionate and helped me navigate the tricky legal situation I was faced with living out of state.”- Dale S.
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- Hans E.
"Chris Boots is an excellent and highly dedicated plaintiff lawyer. I strongly encourage anyone seeking representation to reach out to Chris."
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“Excellent! Navigated my complex case with ease, trauma informed, extremely knowledgeable! I’ll always be grateful for the support my family and I received.”- Amanda B.
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“Sarah is a pleasure to work with. She was knowledgeable and broke down the process to a level I could understand and make decisions.”- Beth S.
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“I had no idea what to expect and they made sure to lay everything out and explain every possible outcome. They answered all my questions no matter how big or small they were.”- Alexus B.
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“Very professional and upfront. I would recommend them highly to anyone especially for medical malpractice cases. Great firm with great attorneys!”- Derrick R.
Meet Our Attorneys
As powerful advocates for civil justice, we fight tirelessly for our clients, winning high-stakes, complex cases, where our team’s expertise and unmatched skills make all the difference.
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Susan A. Faunce Managing Director, Shareholder -
Travis M. Brennan Shareholder, Attorney
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Timothy M. Kenlan Shareholder, Attorney
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Elizabeth A. Kayatta Shareholder, Attorney
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Charles P. Hehmeyer Shareholder, Attorney
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Christopher C. Boots Shareholder, Attorney
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Miriam A. Johnson Counsel
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Sarah K. Hall Counsel
