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Maine Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Me. Rev. Stat. Ann. tit. 24, §2902 Three years from when cause of action accrues. Foreign objects: time accrues from reasonable discovery. Minors: Six years after accrual or within three years of reaching majority, whichever is first. If the provision in this section reducing the time allowed for a minor to bring a claim is found to be void or otherwise invalidated by a court of proper jurisdiction, the statute of limitations for professional negligence is two years after the cause of action accrues, except that no claim brought under the three-year statute may be extinguished by the operation of this paragraph.

Maine Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

No applicable statute.

Limits on Attorney Fees

24 §2961. Sliding scale, not to exceed 33-1/3 percent of first $100,000; 25 percent of next $100,000; and 20 percent of damages exceeding $200,000. For purposes of determining any lump-sum contingent fee, any future damages recoverable by the plaintiff in periodic installments shall be reduced to lump-sum value. If the plaintiff prevails in the action for professional negligence, the plaintiff's attorney may petition the court to review the reasonableness of the fees permitted above.

Periodic Payments

24 §2951. If the award for future damages, including, equals or exceeds $250,000, the court in which the action is brought shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor, exclusive of litigation expenses, be paid in whole or in part by periodic payments rather than by a lump-sum payment. Money damages awarded for loss of future earnings and loss of services shall not be reduced or payments terminated by reason of the death of the judgment creditor, but shall be paid to the judgment creditor's estate. In those cases, the court which rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages, exclusive of unpaid damages for future medical treatment, in accordance with this subchapter.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

24 §2501 et seq. Professional competence reports

32 §3296. Confidentiality of medical staff review committees