Maine Medical Malpractice Laws

When a foreign object is left in a patient’s body, the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm. Does not include intentional implants, prosthetics, or chemical compounds.

Actions involving minors must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority (18), whichever occurs first.

Maine does not cap compensatory damages in medical malpractice cases.

In wrongful death cases involving medical malpractice, noneconomic damages for loss of comfort, society, and companionship are capped at $1,000,000, adjusted annually for inflation starting in 2024. Economic damages are not capped.

Before filing suit, the injured patient must serve a notice of claim on the healthcare provider and file a copy with the court, along with a $200 filing fee per notice.

After filing the notice of claim, the case is submitted to a pre-litigation screening panel that reviews medical records, hears testimony from parties and experts, and issues a non-binding opinion on the viability of the claim within 30 days of hearing.

Maine requires mandatory pre-litigation screening of medical malpractice claims to identify meritorious cases and encourage early withdrawal of nonmeritorious claims. The panel’s findings are admissible at trial but not binding.

Healthcare providers must obtain informed consent before treatment. Failure to disclose material risks, alternatives, and the nature of the proposed treatment can be the basis for a malpractice claim.