Maine

Statute of

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Limitations

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Medical Claim Generally:

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Minors:

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Wrongful death:

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Damage Caps

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

Attorney

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

Fee Caps

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Pre-suit   Requirements

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Expert  

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Qualifications

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Statute of

 Limitations

 Medical Claim Generally:

“Actions for professional negligence must be commenced within 3 years after the cause of action accrues.” However, “this section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm.” [MRS  § 2902]

 Minors:

“Actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs.” [MRS § 2902]

 Wrongful death:

A wrongful death action “must be commenced within 3 years after the decedent’s death”  [MRS § 2807]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney

Fee Caps

“In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses: 

A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;   [PL 1985, c. 804, §§ 16, 22 (NEW).]

B. Twenty-five percent of the next $100,000 of the sum recovered; and   [PL 1985, c. 804, §§ 16, 22 (NEW).]

C. Twenty percent of any amount over $200,000 of the sum recovered.” [MRS  § 2961]

 Pre-suit   Requirements

Before filing a medical malpractice claim, the plaintiff must serve a notice of claim. [MRS § 2853] Maine also requires a pre-litigation panel. [MRS § 2851]

 Expert  

 Qualifications

In medical malpractice cases in Maine, a “member of one specialty may testify to the standard of care applicable to another specialty as long as the witness is familiar with the standard of care and qualified to testify about it.”  The presiding Judge determines if the witness is qualified. [Taylor v. Hill]

 Negligent Credentialing   Claims

 Negligent Credentialing   Claims

Maine may recognize negligent credentialing claims. [Brown v. Southern Me. Health Care Corp. (1997)]