Doctor looking over paperwork with patient

Medical Malpractice


Medical mistakes: an American epidemic and a personal tragedy

Maine Medical Malpractice Lawyers

We turn to doctors and other health care professionals to cure us when we are sick and heal us when we are injured. When doctors make avoidable medical errors, when they fail to follow the appropriate standard of care and are negligent in their diagnoses and treatment of patients, tragedy is all too often the result.

In fact, if medical malpractice were a disease, we would consider it an epidemic. Medical mistakes take the lives of 250,000 Americans every year according to a 2016 study from Johns Hopkins University, making it the third leading cause of death in the U.S., right behind heart disease and cancer.

The pain and trauma patients and their families experience because of medical malpractice are often accompanied by confusion and disbelief. It can be difficult if not impossible for patients or their families to know if a doctor’s error caused or contributed to their injuries and suffering. Without the assistance of attorneys who understand the complex legal and medical issues involved in malpractice cases, it can be equally challenging to hold doctors to account for their negligence once it is revealed.

Maine Country Roads

Answers, assistance, and compensation for victims of medical malpractice throughout New England

In Maine and throughout New England, the Berman & Simmons’ medical malpractice lawyers help victims of medical negligence and their families get the answers and compensation they deserve.

We know how hard it can be when you realize that your suffering was caused by a doctor, nurse, or another healthcare professional who failed to do their job properly. Medical mistakes can include:

  • Your doctor failing to correctly identify, test for, or diagnose your condition, allowing a serious illness to go untreated for a long time.
  • Your doctor recommending the wrong course of treatment or prescribing medication that does more harm than good.
  • Doctors and staff missing the warning signs of a difficult or risky labor and delivery, failing to take the actions necessary to prevent serious birth injuries or harm to the mother.
  • Your doctor making errors with anesthesia and surgical techniques or failing to take steps necessary to minimize the chances of severe and potentially fatal infections.
  • The staff at a nursing home or assisted living facility neglecting or abusing vulnerable seniors, leaving them with severe physical, emotional, and psychological injuries that may never heal.

The best lawyers, the most resources, and over $1 billion for our clients

Berman & Simmons’ lawyers are widely recognized as the best personal injury lawyers in Maine. But for us, that it is not enough. With our unique resources and talent, we strive to be among the best in the country.

We have obtained several of the largest medical malpractice jury verdicts and settlements in Maine; a record built on experience, knowledge, and determined advocacy. But understanding complex medical issues and proving fault in these cases require much more than mastery of the law. We have access to the world’s leading and most highly credentialed medical experts whose analysis and testimony are often pivotal in our efforts to obtain full compensation for our clients. Those efforts have resulted in the recovery of over $1 billion for our personal injury clients.

A law firm focused on your well-being

Attorney Jodi Nofsinger holding hip diagram in conference room

Medical malpractice changes the lives of hundreds of thousands of Americans every year. But abstract statistics mean little when you are focused on the immediate challenges you and your family face. At Berman & Simmons, we want to relieve you of these burdens so you can devote your time and energy to recovering.

When you speak with us at your free initial consultation, we will carefully and patiently listen to your story as part of our comprehensive effort to understand what happened. We will then bring our extensive experience and unmatched resources to bear on your behalf, developing solutions that can make your life better, including obtaining payment for or deferral of your debts until we resolve your case.

Medical Malpractice FAQs

  • I really like my doctor and I’ve seen him for years. How could I sue him?

    There’s often feelings of guilt in taking legal action against another individual or an organization. We understand that. But there are other factors that must be considered. When doctors are negligent and someone is hurt or killed, they must be held accountable. This helps make sure healthcare companies put safety first. Our civil justice system is designed to provide you with fair compensation if you are harmed by the negligence of others.

    Hiring a Medical Malpractice Lawyer: What to Expect
  • I’m nervous about filing a medical malpractice claim.

    This is especially true for people who have never needed to consult with a lawyer or worry about wasting their valuable time. We talk to people every day who are facing the most difficult challenges of their lives and don't know what to expect next. We handle a roller coaster of emotions and will help you through the entire process, from finding solutions to your immediate needs to helping you manage your ongoing medical care.

    Hiring a Medical Malpractice Lawyer: What to Expect

  • What are some of the steps involved in a medical malpractice case?

    After determining you have a valid medical malpractice claim, we'll file a Notice of Claim, proceed with the discovery period and pre-litigation panel hearing required for all medical malpractice cases and, when warranted, file a lawsuit.

    Determining If You Have a Medical Malpractice Case

  • What is a Pre-litigation Screening Panel in a medical malpractice case?

    Before filing a medical malpractice lawsuit in court, we are required by Maine law to first present the case to a per-litigation screening panel appointed by the superior court. The opinions of the panel members, which include representatives of the healthcare industry, determine whether or not we can proceed with the case and file a lawsuit.

  • What is the statute of limitations for filing a medical malpractice lawsuit in Maine?

    In general, you have three years from the act of negligence causing your injury to file a medical malpractice lawsuit in Maine. However, there are a number of special circumstances that can shorten or extend that timeframe. The only way to know for sure is to speak with an experienced medical malpracitce lawyer as soon as possible.

  • What types of damages could I recover in a medical malpractice claim?

    Here are some brief definitions of the most common types of damages awarded in a personal injury lawsuit:

    • Economic damages include damages that can be calculated or fairly estimated, such as past and future medical expenses, lost wages and lost earnings potential. Expert witnesses can testify about how the injury impacted the person’s ability to earn a living in the future. These type of damages are sometimes referred to as “out of pocket” expenses.
    • Non-economic damages compensate victims for losses that are much harder to assign a specific dollar amount. Pain and suffering, loss of enjoyment of life, emotinal distress, the loss of companionship from a loved one, or permanent loss of function or permanent disfigurement are all types of non-economic damages.

    Personal Injury Damages: What can I recover?

  • What types of questions should I ask a medical malpractice lawyer before I hire them?

    When you're considering hiring a medical malpractice lawyer to represent you, here are a few questions you should ask:

    • Have you had success representing clients in cases similar to mine?
    • Does your firm have the financial resources to take on my case?
    • If necessary, are you prepared to take my case to trial?
    • What are some of the results you have obtained?
  • How do you determine if I have a valid medical malpractice case?

    We first need to determine whether or not you have a valid medical malpractice claim by proving that the medical provider failed to comply with accepted standards of practice in diagnosing or treating your condition, injury, or disease. We will also need to prove that this failure resulted in harm to you. This process involves an initial consultation with you, review of your medical records, research about your condition, including details about your medical history and treatments, and follow-up conversations with you.

    Determining If You Have a Medical Malpractice Case

  • Will I need to speak with the doctor or healthcare practitioner I’m considering suing?

    Absolutely not. You will not have to confront your doctor, healthcare provider or medical facility. We will take on that responsibility for you.

  • How do I choose a medical malpractice lawyer in Maine?

    There are several factors to consider when hiring a medical malpractice lawyer. First, make sure you choose a lawyer and firm with a proven record of success in cases like yours. Second, trust your instincts. You need to have a high level of comfort and trust with the person you choose to represent you, and his or her staff.

    Many lawyers claim to handle medical malpractice cases, but in fact, do not have expertise in this complex area of the law. Remember that the choice is up to you. You don’t have to hire the first (or even second or third) lawyer you interview.

We are ready to help you today. Call us for your free consultation.

Maine has strict statutes of limitations for filing medical malpractice complaints, so it’s critical to consult with us as soon as possible if you think you or a loved one may be a victim of a medical error.

Please contact Berman & Simmons today at 207-784-3576 to arrange for your free consultation. You pay nothing unless we obtain compensation for you by settlement or jury verdict. Our Maine medical malpractice attorneys are ready to help you through this difficult time so you can recover and rebuild your life.

Our lawyers and staff members take the time to listen to you, understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved.

We'll Take Care of the Heavy Lifting

Attorney Jodi Nofsinger Discusses a Recent Medical Malpractice Case

We routinely represent injured patients in all varieties of medical malpractice, including:

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    Birth injuries, brain damage, obstetrical malpractice, maternal death

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    Failure to diagnose cancer

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    Failure to diagnose a heart attack or myocardial infarction

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    Untreated infection

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    Surgical errors, neurosurgical mistakes, bariatric and weight loss surgery

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    ER negligence

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    Pharmacy malpractice, prescription drug errors

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    Dental malpractice

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    Laboratory errors involving testing and tissue samples

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    Nursing home abuse and negligence