All Laws Decoded

Medical Malpractice Rules in Maine

The deadline to file a medical malpractice claim in Maine, the discovery rule, and caps on damages.

Short answer: Three years from the date of the act or omission that caused the injury (not from discovery). Exception: when a foreign object was left in the body, the time runs from when the patient discovered or reasonably should have discovered the harm. 24 M.R.S. § 2902

Medical malpractice deadlineThree years from the date of the act or omission that caused the injury (not from discovery). Exception: when a foreign object was left in the body, the time runs from when the patient discovered or reasonably should have discovered the harm. A minor must sue within 6 years after the act or within 3 years after reaching adulthood, whichever comes first.
Medical malpractice capsThe Maine Health Security Act does not contain a cap on malpractice damages. If the patient dies, the wrongful death limits apply: up to $1,000,000 (adjusted for inflation) for loss of comfort, society and companionship and up to $500,000 in punitive damages.

More Maine personal injury & wrongful death

FAQ

What is the statute of limitations for medical malpractice in Maine?
Three years from the date of the act or omission that caused the injury (not from discovery). Exception: when a foreign object was left in the body, the time runs from when the patient discovered or reasonably should have discovered the harm. A minor must sue within 6 years after the act or within 3 years after reaching adulthood, whichever comes first.
Is there a cap on medical malpractice damages in Maine?
The Maine Health Security Act does not contain a cap on malpractice damages. If the patient dies, the wrongful death limits apply: up to $1,000,000 (adjusted for inflation) for loss of comfort, society and companionship and up to $500,000 in punitive damages.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.