Maine's Medical Malpractice Laws: A Hurdle for Patients

The Screening Panel Hurdle

Maine's medical malpractice laws are notoriously tough, making it difficult for patients to seek justice. Before filing a lawsuit, patients must navigate a screening panel that reviews medical records and hears testimony. However, there's a significant catch:

• Financial Burden: If the patient isn't represented by a lawyer on a contingency basis, they must pay for legal fees and expert witnesses, which can cost tens of thousands of dollars.
• Nonbinding Opinion: The panel provides a nonbinding opinion, leaving patients to decide whether to proceed with a jury trial.
• Legal Representation: Most lawyers won't take on cases unless they're confident of a big win, forcing many patients to drop their claims due to financial constraints.

A Case Study: Delayed Diagnosis and Lost Sight

A few years ago, a doctor noticed a "black blob" in his left eye. His optometrist initially diagnosed it as benign. Three months later, the same optometrist diagnosed him with wet macular degeneration, causing significant vision loss.

• Complaint Filed: The doctor filed a complaint with the Maine Board of Optometry.
• Letter of Guidance: The board issued a "Letter of Guidance" to the optometrist.
• Unmet Request: The doctor asked the optometrist's practice to contribute to a local food cupboard, but the request was refused.

The Broader Impact

Many Maine residents have suffered from medical negligence but cannot afford to take legal action. The Maine Legislature needs to address this imbalance.

Potential Solutions: Health Courts

Some states have implemented health courts, which use an administrative process to address smaller claims. These courts:

• Simplified Process: Plaintiffs don't need to prove negligence.
• Best Practices: They only need to show that their injury could have been avoided by following best practices.
• Reduced Costs: This approach could lower costs and make it easier for patients to receive compensation.