Medical Malpractice Lawyer in Maine
Call McCue Law Office for a Free Consultation
If you have been the victim of medical malpractice in Maine, the law office of Carl D. McCue can help you with your claim. Experience and dedication are what drives our services. Whether you have been injured due to a doctor’s negligence, a misdiagnosis, or an incorrect dosage of your medication, the first step to finding out if you have a claim is calling McCue Law Office. We offer free initial consultations, so there is no risk to you. To find out if you are eligible to file a medical malpractice claim, you will be asked any of the following questions:
Were you misdiagnosed or not diagnosed at all?
Did receiving medical treatment worsen your health?
Did you receive treatment for the wrong condition?
Were there foreign objects left in your body?
Did you suffer from anesthesia mistakes?
Did you suffer from radiology mistakes?
Were there delays in receiving treatment?
Did you suffer harm as a result of waiting too long for medical treatment?
Did you receive the wrong medication or the wrong dosage of your medication?
The Statute of Limitations on Medical Malpractice Cases in Maine
The statute of limitations, or length of time you have to file a medical malpractice claim, is three years in the state of Maine. Because of this deadline, beginning the process for filing a suit as soon as possible is crucial. If you do not file a claim within three years of the incident, you forfeit your right to sue for medical malpractice unless you can apply one of the following exceptions:
The Discovery Rule
This rule applies if there was no reasonable way for you to know that you were eligible to file a medical malpractice claim in time.
Usually only applies in cases where foreign objects have been left in the body after a surgery, in which case the victim will have three years from the date that the item has been discovered.
In the event that the victim of medical malpractice is a minor, or under 18 years of age, he or she will have either have six years or until the age of 21 to file a lawsuit
Concealment of Malpractice
If the defendant concealed the malpractice, the statute of limitations is extended
If the defendant leaves the state after committing malpractice, the statute of limitations is extended
If the victim was mentally incompetent or legally insane during the time the malpractice was committed, the statute of limitations is extended
Award Limits and the Shared Fault Rule
Similar to some states in America, Maine limits the amount of compensation that can be awarded to a victim of medical malpractice in one circumstance. In wrongful death cases, there is a cap of $500,000 on noneconomic damages. Additionally, Maine also employs a shared fault rule, meaning that if you are found at least partially liable for your injuries, your compensation may be reduced or eliminated. If you fail to follow instructions from your medical care provider, for example, the shared fault rule could apply to your case.
Allow Us to Handle Your Case for the Compensation You Deserve
McCue Law Office can provide victims of medical malpractice in Maine the best representation available! After you make the decision to allow us to handle your case, we will help submit an Affidavit of Merit, which is a report with an opinion of a medical professional that your claims are credible. In the prelitigation screening panel, your case will be either continued on to court, or dismissed based on evidence or lack thereof. If you believe that you may have a case, contact the law offices of Carl McCue today and let us help get you the compensation that you deserve.