Examples of Orthopedic Malpractice

• Misdiagnosis: The condition is not accurately identified, and lack of care or improper care causes further damage
• Delayed diagnosis: Symptoms go undetected or are not tested for until the condition worsens. Practitioners may misread MRIs, X-rays, or other scans
• Improper treatment: Patients may undergo unnecessary joint replacement surgery or be given rehab orders that cause damage rather than heal
• Surgical errors: The surgeon damages nerves, improperly sets a broken bone, implants devices without due care, leaves sponges or other surgical tools inside the patient, or commits other errors
• Wrong-site surgery: The practitioner performs surgery on the wrong joint or other part of the body
• Improper or inadequate post-operative care: Patients are not given instructions for post-operation healing, and/or medical teams do not follow up on the patient’s recovery care

The skilled orthopedic malpractice lawyers from Berman & Simmons can manage your case no matter what type of incident caused it. We will dive deep into the details of your situation to find out what happened, assess your losses, and hold the negligent practitioner accountable.  

Rights for Medical Malpractice Victims

Maine does not leave victims of medical malpractice without legal recourse. You have the right to take legal action against the negligent care provider and pursue damages for the harm you have been caused. 

The Right to File within the Statute of Limitations

It is important not to delay taking that action, though, as you must file your legal claim with the court within Maine’s medical malpractice statute of limitations or legal deadline. For most cases, this deadline is three years from the date the negligent act was committed. If the malpractice comprised a sequence of negligent acts, then you have three years from the date of the last incident, provided you were being treated by the same medical practitioner.

In some states, the legal clock starts ticking on the date the victim becomes aware of the malpractice. For example, a patient may not immediately realize they have been misdiagnosed, and in some states, the timer only begins once that misdiagnosis is discovered. In Maine, the timer starts on the day of the misdiagnosis–not when the patient discovers the problem.

This system makes it even more critical to connect with an orthopedic malpractice lawyer quickly if you suspect you are the victim of medical malpractice. Fast action also protects your claim if your situation falls under an “exception” and you face a shorter statute of limitations.

For minors, the statute of limitations is typically six years from the date of the malpractice or three years from the day they reach the age of majority, which is 18 in Maine.

The Right to Medical Records

Medical records provide critical evidence in medical malpractice claims, and you have rights regarding access and control of that documentation. Specifically, you have the right to:

• Access your medical record: Practitioners must allow you to view or supply a copy of your records within 30 days of your request for access. They can charge you for copying service or for postage.
• Amend your record: You can have information added to your records to make your medical history complete and assure accuracy. If the medical provider denies you your request, you can add your own short statement to the record.
• File a complaint: If you think your right to see, get a copy of, or amend your medical record has been violated, you can file a complaint with the U.S. Department of Health–the Office for Civil Rights. You can also file the complaint with the state agency overseeing your practitioner.

The Right to Legal Representation

The most effective way to work toward a favorable case outcome is to put your case in the experienced hands of Berman & Simmons orthopedic malpractice attorneys. There is no reason for you to take on this important legal battle alone. The harm you have sustained has brought enough stress to your life. Let us handle all the legalities of your case and fight for the substantial compensation you deserve while you concentrate on healing.

Practitioners and medical institutions are backed by powerful insurance companies and lawyers. Most victims do not have a legal background and are no match for these opponents, whose only goal is to protect themselves. Our team is well prepared to take on these negligent parties and their representatives–we will not back down from the fight to get you justice.

Berman & Simmons has earned multiple awards and accolades. Just recently, we were recognized in the 2025 edition of Best Law Firms and acknowledged for our “dedication to providing exceptional legal representation and achieving outstanding client results.” One of the specific areas of practice included in this recognition is medical malpractice law. The medical malpractice fight is one we know well and have won often.

How a Portland Medical Orthopedic Medical Malpractice Attorney Can Help 

The first thing your Berman & Simmons orthopedic malpractice attorney will do is determine if you have a valid medical malpractice case. And this determination costs you nothing. We offer free–and thorough–case reviews. If we determine you do not have a winnable case, we will absorb all costs involved in the case review. 

If we do enter a legal partnership. We will continue with our investigation and build a case to prove the at-fault party’s negligence. A bad medical experience alone is not enough to secure a settlement or trial award. Victims must prove the defendant’s actions demonstrate the four elements of negligence:

• Duty of care: The practitioner owed you a duty of care
• Breach of duty: The practitioner somehow failed in their duty
• Causation: The practitioner’s failure caused your injuries and consequences
• Damages: Your injuries cost you measurable damages

Evidence for Medical Malpractice Claims

Your orthopedic malpractice attorney will work diligently to collect comprehensive proof of the at-fault party’s negligence and evidence to support your compensation demand. This proof may include:

• Your medical reports
• Input from other medical experts
• Your testimony
• Statements from loved ones 
• X-ray, MRI, or other testing or diagnostic documentation
• Witness statements from others involved in your procedure and care
• Medical bills and documentation for other costs

Our team has the resources to get the job done, and we have the results to prove it. We know the kinds of evidence medical malpractice cases require and will work to collect every shred available, leaving no possible sources untapped.  Our case outcomes include six, seven, and eight-figure medical malpractice awards. We will put the same energy into your case as we did for those noteworthy resolutions.

Going Through the Panel Process

The Maine Health Security Act establishes specific processes for medical malpractice cases. Claimants–the victims–must go through a “mandatory pre-litigation screening panel” process before filing their claim with the court. Your attorney will present your case to a panel made up of a medical provider in the specialty relevant to your case, an attorney, and a panel chairperson.

The panel will render decisions regarding the practitioner’s alleged violations of standards of care and whether that violation caused the victim harm. The panel also determines if the victim bears any blame for the damages sustained. Victims can file a claim no matter what the panel decides, but a panel’s unanimous decision can be cited in court by the party that the decision favors.

Negotiating a Settlement

Medical malpractice claims can be settled out of court. Your orthopedic injury malpractice lawyer will calculate a demand for compensation and send that demand to the at-fault party’s representatives. The other side will follow up with a counteroffer, one lower than your demand. Your attorney will respond with evidence supporting a higher amount, and negotiations will continue until the sides come to an agreement.

Our team knows how to negotiate strategically. We also know the typical techniques used by insurance and legal representatives to lower their potential payout. But we enter these discussions with extensive and specific knowledge of Maine’s malpractice laws and loaded with evidence. We approach them with confidence and insight, recognizing intimidation tactics or arguments that are more style than substance and taking them down. Our goal is not simply to “settle.” It is to settle on the justice you deserve.

Fighting for a Trial Verdict

Opponents in medical malpractice cases do not always engage productively in negotiations. They may find ways to delay the process, question your integrity, minimize your damages, or otherwise deny you fair compensation. 

Our orthopedic injury malpractice lawyers will be prepared for this scenario. We are formidable trial attorneys and will advocate fiercely for you at every trial proceeding should you choose to take your case to trial. And you will be involved in making that decision. We will lay out your options, explaining the possible outcomes for either choice. You can trust us for sound, honest legal guidance.

Damages for Victims of Medical Malpractice in Portland, ME

You may collect two types of compensatory damages from an orthopedic medical malpractice claim. Compensatory damages make up for your losses–they are designed to recover and acknowledge the economic and non-economic costs incurred by the medical mistake.

Losses covered by economic damage typically include:

• Medical expenses for corrective surgeries or other measures are needed to mitigate the effects of the malpractice. Should you need ongoing care, your attorney will factor in those costs, too.
• Lost wages if you need time off work to recover, and lost potential income and benefits if the consequences of the medical error make it impossible for you to return to employment.
• Other costs incurred by your medical issue. You might need to pay others to perform duties you cannot manage on your own anymore.

Losses covered by non-economic damages are more difficult to quantify as they do not come with an actual bill. These damages acknowledge your physical pain, disfigurement, or disability. They also recognize any loss to enjoyment of life you experience from the malpractice. For example, a new disability can prevent you from engaging in activities, social or special events, or moving through daily life independently. 

Your orthopedic injury malpractice attorney will account for the many and specific losses you sustain from the medical malpractice. Berman & Simmons fights for the maximum–we work to get you every single dollar you deserve.

A Wrongful Death Caused by Medical Malpractice

If your loved one dies because of orthopedic medical malpractice, you may be entitled to damages through Maine Revised Statutes 2-807.  Bones not properly set after a break or tools left in a patient’s body post-surgery can lead to deadly infections. Our experienced attorneys can take you through the legal process to help get justice for your loved one’s untimely, preventable death and get your financial relief by recovering your related economic losses.

Berman & Simmons Is the Right Choice

Our successful track record includes some of the “largest and most controversial medical malpractice and personal injury verdicts in Maine history.” Some of our cases have been featured in law journals, and many others have effected change in Maine’s laws, making the State more just for those hurt by someone else’s negligence.

These recognitions matter to us, but client testimonials matter even more. Our clients attest to our passion, professionalism, honesty, and courtesy. They emphasize our legal knowledge, work ethic, and integrity and appreciate our approachability and “human-centeredness.”

Our team has succeeded in winning cases while winning the trust of our clients. Like these clients, when you partner with us, you will benefit from the superior legal representation and client-centeredness we put into every case. As we fight for the win, we will give personal support to help you through a very challenging time and stay in regular communication. Your questions will not go unanswered, and your concerns will not go unaddressed. We are here for your case and for you.