“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]
“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]
A wrongful death action “must be commenced within 3 years after the decedent’s death” [MRS§ 2807]
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.
“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]
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]
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]
Maine may recognize negligent credentialing claims. [Brown v. Southern Me. Health Care Corp. (1997)]
