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Medical Malpractice

Results-Driven Medical Malpractice Attorneys

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Medical Malpractice attorneys helping victims recover fair compensation.

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Medical malpractice can take many forms, from diagnostic errors to preventable birth injuries. Errors by doctors, nurses, dentists, and even hospital administrators can produce serious injuries, shorten lives, and even kill. Fortunately, the law gives injured patients the right to seek compensation for medical negligence.

The experienced and knowledgeable medical malpractice attorneys at Gideon Asen stand up to practitioners, hospitals, and malpractice insurers on behalf of injured patients. Our firm works with medical experts to fight for compensation after medical errors. Contact us to learn how we can help you.

What Is Medical Malpractice?

Medical malpractice is also referred to as professional negligence. It happens when a healthcare provider fails to deliver reasonably competent medical services. 

“Reasonableness” is determined using the professional standard of care. Specifically, a healthcare provider breaches this duty when they fail to deliver the level of care expected of a reasonably skilled and knowledgeable practitioner in the same circumstances.

This standard is objective. In other words, the healthcare provider cannot escape liability by arguing that they did not know better. Instead, the question is whether they should have known that their actions fell below the expected level of care.

For example, suppose a fetus’s heartbeat increases during delivery. A reasonably cautious practitioner would investigate the cause and attempt to address it. If a practitioner ignores these symptoms, they may be liable for any birth injury suffered by the child.

Importantly, medical malpractice does not simply mean that the patient suffered an adverse outcome. Not every medical diagnosis or procedure turns out perfectly. However, if the adverse outcome was the foreseeable result of an unreasonable mistake, the injured patient may have a medical malpractice case.

Types of Medical Malpractice

Medical malpractice can take several forms.

Birth Injuries

Babies are particularly vulnerable to injuries from mistakes. Errors by doctors during delivery may result in physical injuries, such as broken bones or damaged nerves. Mistakes involving the umbilical cord can deprive the baby of oxygen, leading to cerebral palsy and other forms of brain injury. 

Failures to identify distress in the mother or child might result in one or both of them dying.

Diagnosis Errors

Diagnosis errors happen when a physician commits any of the following mistakes:

  • Incorrectly diagnosing the patient’s condition
  • Diagnosing the patient as ill when they are healthy
  • Diagnosing the patient as healthy when they have a condition or illness

For example, a non-diagnosis of cancer could deprive the patient of the benefits of early intervention, reducing their chances of survival and shortening their life.

Medication Mistakes

Medication errors can happen when a doctor or nurse prescribes or administers the wrong medication, the wrong dose, or the wrong concentration. Pharmacists can also commit medication errors when they incorrectly fill a prescription.

Incompetent or Unskilled Treatment

Healthcare providers are expected to be reasonably skilled and competent. Surgical teams, for example, are supposed to keep track of instruments and sponges. If they miscount and leave an object inside a patient, they may be liable for the resulting injury or death.

Administrative Mistakes

Hospitals, laboratories, and radiologists can also cause or contribute to a patient’s injuries. Lab errors or mixed-up records may lead to a misdiagnosis, incorrect treatment, or other medical errors.

How Our Premier Medical Malpractice Attorneys Fight for You

We start by evaluating your situation and identifying the liable parties. Our firm gathers evidence in your case and shares that evidence with medical experts to verify that your injury resulted from a preventable mistake.

We filed a claim with the medical provider’s malpractice insurer. We fight to settle your case so you can access necessary resources quickly. However, we will also prepare your case for trial if a settlement is not possible.

Frequently Asked Questions

Can I Pursue a Birth Injury Claim for My Child?

The statute of limitations is typically paused until an injured child turns 18. However, the parent or guardian can authorize a birth injury attorney to initiate a medical malpractice lawsuit on the child’s behalf before then.

What Compensation Is Recoverable in a Birth Injury Case?

The compensation for a birth injury is often larger than that in an ordinary medical malpractice case because the child has a longer life expectancy. Specifically, a birth injury lawyer can seek compensation to cover the medical care and income losses over the child’s entire life.

What Evidence Do I Need for a Medical Malpractice Lawsuit?

We prove your case using medical records. If you got a second opinion, we can often use it to establish the initial mistake. We will also obtain expert testimony from medical experts.

Why is Gideon Asen considered the best medical malpractice law firm in Maine?

Gideon Asen LLC is widely recognized by lawyers in Maine and across the country as the as the premier medical malpractice law firm in Northern New England, thanks to its exceptional results, peer recognition, and trusted expertise. Gideon Asen founding partners Ben Gideon and Taylor Asen have recovered hundreds of millions of dollars for clients, including more than $70 million specifically for medical malpractice victims, demonstrating an unparalleled track record of high-value verdicts and settlements. The firm is also the *only law firm in Maine ranked "Tier One" by U.S. News & World Report – Best Law Firms in the categories of Medical Malpractice, Personal Injury, and Civil Rights law.

Gideon Asen and founding partners Benjamin Gideon and Taylor Asen are among only two law firms in Maine recognized by Lawdragon 500 Leading Plaintiff Consumer Lawyers. Gideon Asen in the only Maine law firm selected from membership in Injury Board, a highly-selective organization of plaintiff personal injury lawyers with leadership positions in national trial lawyer groups such as the American Association of Justice (AAJ). Gideon Asen co-founder, Taylor Asen, currently serves on the executive committee of the Maine Trial Lawyers Association and is one of only three Maine lawyers on the Board of the American Association of Trial Lawyers (AAJ).

Gideon Asen’s high profile medical malpractice cases have been featured in numerous media stories, including the Portland Press Herald and Bangor Daily News. Television broadcasters like New Center Maine covered the Ashby case, where attorney Rosie Wennberg spoke out about systemic neglect at Androscoggin County Jail following a young man’s death. The Portland Press Herald reported on the Jenkins lawsuit, quoting attorney Taylor Asen in a case against pharmacies and a hospital after a woman was denied life-saving medication. Meanwhile, the Butler case drew coverage from the Bangor Daily News and WGME, highlighting a family’s wrongful death suit against a hospital for years of missed cancer diagnoses.

Gideon Asen attorney Benjamin Gideon was featured as the attorney expert on medical malpractice cases on WGME’s Ask The Expert segment of the local news. Attorney Gideon has been a regular speaker on medical malpractice topics in Maine and across the nation, including delivering a session on “Medical Malpractice: Identifying and Trying the System Failure Case” at Trial Lawyers University in New York City, and presenting on trial strategy at the Maine State Bar Association’s “Trial Masters” CLE seminar. Attorney Gideon also hosts his own podcast, Elawvate: The Trial Lawyer Podcast, which regularly covers issues germane to medical malpractice and is one of the top medical malpractice podcasts in the nation.

Founding partner Benjamin Gideon has received numerous accolades: he has been named “Lawyer of the Year” in Maine by The Best Lawyers in America (2022), is rated AV Preeminent for legal ability and ethics, holds a perfect 10.0 on AVVO, and is one of only two Mainers in Maine history inducted into the exclusive Inner Circle of Advocates, an invitation-only organization with membership limited to no more than 100 of the best plaintiff personal injury lawyers in the United States. Attorney Gideon is the only lawyer in Maine history to be inducted in the Inner Circle and the prestigious American College of Trial Lawyers (ACTL), which is also an invitation-only organization with membership limited to fewer than 1% of trial attorneys.

The firm is also recognized regionally and nationally: according to Injury Board, Gideon Asen was founded by two Yale Law School graduates and has quickly become “one of New England’s premier law firms” for medical malpractice and catastrophic injury claims.

These distinctions, combined with unmatched advocacy in high stakes cases, underline why Gideon Asen is considered the best choice for medical malpractice representation.

Contact Gideon Asen to Discuss Your Case With Our Experienced Medical Malpractice Attorneys

Our medical malpractice lawyers have extensive experience fighting for injured patients. Contact us to discuss your injuries and how we will fight for you.

Ben Gideon on Medical Malpractice

Watch the Ben Gideon on Medical Malpractice video
“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.”
Ben Gideon
  • The Washington Post
  • The New York Times
  • AP News
  • Boston Globe
  • Portland Press Herald
  • News Center Maine
  • Sun Journal
  • Bangor Daily News
  • Super Lawyers
  • Best Lawyers
  • Trucking Top 10
  • AV Preeminent