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Medical Malpractice
Auburn Medical Malpractice Lawyer
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Auburn Medical Malpractice attorneys helping victims recover fair compensation.
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Anyone who goes to the doctor, whether it is for a basic checkup or emergency care in a hospital, should receive compassionate and considerate care from everyone involved. Most of the time, medical professionals in Maine meet this basic standard without any issue—but when one does not, serious and life-threatening harm may occur as a result.
Suing a healthcare provider over negligence works very differently from other types of personal injury litigation. Because of this, proceeding with this sort of claim without a knowledgeable attorney's assistance can prove extremely difficult. Instead of trying to untangle the complex rules and restrictions for these sorts of cases by yourself, consider working with a seasoned Auburn medical malpractice lawyer from our firm. Our attorneys have extensive experience helping those who have been harmed by medical negligence to recover the compensation they deserve. Call Gideon Asen LLC today to get started.
How Prelitigation Screening for Malpractice Claims Works
Because medical technology and techniques cannot guarantee perfect outcomes for every patient, civil courts cannot just take an injured patient's word that their doctor acted carelessly. In order to discourage claims without merit, state law requires prospective malpractice plaintiffs to go through a prelitigation screening process before they can formally file suit.
Once someone formally notifies the injured party's healthcare provider of their intent to pursue a malpractice claim, a screening panel will be convened in accordance with Maine Revised Statutes Title 24 §2852. After reviewing all available information relevant to the case, including medical records and testimony from all involved parties, the panel will put their opinion on whether the case has merit in writing. This usually takes place within 30 days of receiving all relevant evidence.
This opinion remains confidential unless the panel decides unanimously in favor of either party, in which case their opinion would become court-admissible evidence. An Auburn medical negligence attorney could explain how this process works in more detail and provide vital representation throughout all necessary proceedings.
Demanding Fair Compensation Within Filing Deadlines
Fortunately, Maine does not impose artificial "caps" on how much compensation a malpractice plaintiff can demand from a negligent physician or healthcare organization, with one exception made for cases involving a patient's wrongful death. This means a successful claim can demand comprehensive compensation for all past and future effects of a doctor's misconduct, including additional medical expenses, lost working capacity, physical and psychological suffering, and more.
However, anyone who wants to file this kind of lawsuit generally must do so within three years of the alleged malpractice, per M.R.S. Tit. 24 §2902. As a medical malpractice attorney serving Auburn can explain, though, this deadline does not work the same way for all types of malpractice claims. The most notable exception is claims built around a surgeon leaving a foreign object in someone's body during surgery.
FAQ
How Do I Know if What Happened to Me Counts as Medical Malpractice?
Not every bad outcome is the result of malpractice. In order to have a case, there needs to be a breach of the “standard of care.” In other words, the doctor didn’t do what a competent provider would reasonably have done in a similar situation.
The breach also has to cause direct harm. For example, if a doctor misdiagnoses a condition that another reasonably skilled provider would have caught, and you suffer as a result, that counts as malpractice.
These cases almost always need to be reviewed by a medical expert, so it’s worth talking to an attorney who can determine whether your experience meets the legal criteria.
Can I Sue a Hospital or Just the Individual Doctor?
It depends on the details of your case. In a lot of situations, both the doctor and the hospital they work for can be held responsible. Hospitals can be held liable for the behavior of their employees, including nurses, technicians, surgeons, and on-staff doctors.
They can also be held accountable for broader issues like unsafe staffing levels, poor hiring practices, and insufficient training.
For instance, suppose that you were given the wrong medication because of a breakdown in the hospital’s system, not just one person’s mistake. That’s something the hospital itself is responsible for. A lawyer can investigate and figure out who exactly should be named in your claim.
What if I Didn’t Notice the Malpractice Until Years Later?
Typically, Maine law gives you three years from the day that the malpractice happened to file a lawsuit. However, that doesn’t always apply to scenarios where the injury or mistake wasn’t immediately obvious.
Some injuries (like complications from tools left inside the body or a misdiagnosis) might only become apparent well after the fact. In those cases, the state’s “discovery rule” might let you file well beyond the standard deadline. These exemptions are tricky and often debated. It’s important to talk to an attorney as soon as you suspect something’s wrong.
Will I Have to Go to Court if I File a Claim?
Possibly, but it’s not a guarantee. Most malpractice cases are settled out of court, saving time, stress, and legal fees. A lot depends on the strength of the evidence, whether the provider or insurer is willing to negotiate, and the harm involved.
However, if a fair settlement can’t be agreed on, it may be in your best interests to take the case to court so you can get full compensation. Either way, your attorney’s role is to prepare the strongest case possible and guide you through the process step by step, including what you can expect if you end up in court.
How Much Does a Medical Malpractice Lawyer Cost?
Most malpractice attorneys work on a contingency fee basis. You owe nothing up front, and your lawyer only gets paid if you win your case. This structure makes it possible for people to pursue justice even if they can’t afford legal counsel out of pocket.
Keep in mind, though, that there might be other costs involved for things like retrieving medical records and court filing fees. Your attorney should clearly explain how these costs are handled so you’re not caught off guard later.
Seek Help from an Auburn Medical Malpractice Attorney
Medical negligence can be difficult to identify, difficult to recover from, and difficult to recover for through a lawsuit or settlement demand. Put simply, this kind of situation is not one anyone should try to handle completely by themselves, especially if their doctor's misconduct has left them with serious injuries and losses.
Help from an Auburn medical malpractice lawyer can be crucial to protecting your rights and securing a favorable resolution to your case. Learn more by calling Gideon Asen LLC today.
Ben Gideon on Medical Malpractice
“For all clients in a medical malpractice case, they are allowed to recover for the costs that they've incurred as a result of the injuries they have suffered. You can recover money for time out of work or for the fact that you might not be able to return to the job that you had after your injury.”
