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Medical Malpractice

We Achieve Record-Setting Results for Seriously Injured Mainers Throughout Maine's 16 Counties

Your Maine Medical Malpractice Lawyers

In Maine, individuals affected by medical malpractice possess specific legal entitlements, including the ability to initiate legal action to pursue compensation for the damages they have sustained, following specific statutes of limitations. In Maine, most medical malpractice claims must be filed within three years of the negligent act. If the malpractice included a series of negligent acts, that three years begins on the date of the last negligent act if the negligent treatment was with the same provider. This is the general rule and there are exceptions with shorter time limitations.

Another crucial right granted to victims of medical malpractice in Maine is the ability to acquire copies of their medical records. These records can be pivotal evidence when building a robust medical malpractice case. Per Maine regulations, healthcare providers must maintain precise and comprehensive medical records and furnish patients with copies of their documentation upon request. By ensuring that individuals have access to their medical information, the law empowers victims with the necessary resources to assert their rights and seek justice in medical malpractice cases.

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In-Depth Investigations and Evidence Gathering

Medical malpractice cases are often complicated, involving a multitude of medical and legal intricacies. Engaging the services of a proficient medical malpractice lawyer is essential for victims of medical malpractice, as they can provide invaluable assistance in navigating these complexities and pursuing just compensation for damages. Medical malpractice attorneys possess the necessary expertise and resources to handle such cases, including conducting comprehensive investigations, collecting evidence, collaborating with medical experts, and negotiating with insurance companies.

A medical malpractice attorney will initiate a detailed investigation into the victim’s case to uncover all relevant facts and identify any instances of negligence. This process includes obtaining and analyzing medical records, identifying potential witnesses, and collecting other pertinent evidence supporting the victim’s claim. The Maine medical practice lawyer’s experience in handling similar cases enables them to recognize crucial details that may be overlooked by someone unfamiliar with the medical and legal intricacies involved.

Collaboration with Medical Experts

To build a robust case, a Maine medical malpractice attorney often works closely with medical experts with specialized knowledge in the relevant field. These experts can provide crucial insights into the healthcare provider’s actions, help establish the appropriate standard of care, and determine whether the provider’s conduct deviated from that standard. Furthermore, they can assist in demonstrating the causal link between the negligence and the damages sustained by the victim.

Negotiating with Insurance Companies

Maine medical malpractice lawyers are well-versed in negotiating with insurance companies on behalf of their clients. They can effectively navigate the complexities of insurance coverage and work to ensure that the victim receives fair compensation for their damages. This may involve negotiating settlements, contesting denied claims, or even pursuing litigation if necessary. By leveraging their expertise and experience, Maine medical malpractice attorneys can protect their clients’ interests and help them achieve the best possible outcome.

Legal Representation and Advocacy

A medical malpractice lawyer is the victim’s legal advocate throughout the process. They provide guidance and advice, informing clients of their rights and legal options at each case stage. If a trial becomes necessary, the lawyer will skillfully represent the victim in court, presenting a persuasive argument and effectively challenging any opposing evidence or testimony.

Medical malpractice cases are often challenging and demand extensive knowledge of both medical and legal domains. By enlisting the support of a competent medical malpractice lawyer, victims can significantly improve their chances of obtaining fair compensation for their damages and achieving justice for the harm they have suffered.

Standard of Care

The first element shows the healthcare provider's duty of care arising from their professional relationship, requiring adherence to standards expected of a reasonably competent professional in the same field under similar circumstances.

Breach of the Standard of Care

After establishing the standard of care, the lawyer must prove the provider breached (failed to meet) that standard because of their negligence, such as errors in diagnosis, improper treatment, or failure to obtain informed consent, demonstrating the healthcare provider’s failure to meet required standards.

Causation of Harm

Causation of harm requires proving the medical provider’s negligence directly caused the patient's injury or illness. In other words, the lawyer must show the harm wouldn’t have occurred without negligence, often relying on medical experts to establish this critical connection.

Damages

Lastly, the lawyer must prove the extent of damages caused by the provider’s negligence, including the patient's medical expenses, lost wages, permanent disability, pain and suffering, and loss of enjoyment of life.

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