Maine's Medical Malpractice Laws: A Hurdle for Patients

Maine's rules for medical malpractice cases are quite strict. They put a lot of pressure on patients who want to seek justice. Before even filing a lawsuit, patients must go through a screening panel. This panel looks at medical records and listens to testimonies. However, if the patient doesn't have a lawyer working on a contingency basis, they have to pay for legal fees and expert witnesses. This can add up to a huge amount of money. After the screening panel gives their nonbinding opinion, the patient must decide whether to proceed with a jury trial. But most lawyers won't take on cases unless they are sure they can win big. This leaves many patients with no choice but to drop their claims. A few years ago, a doctor noticed a "black blob" in his left eye. He went to his optometrist, who initially gave him a harmless diagnosis. Three months later, the doctor returned, and this time, the optometrist diagnosed him with wet macular degeneration. The delay in diagnosis led to significant vision loss.The doctor filed a complaint with the Maine Board of Optometry. The board issued a "Letter of Guidance" to the optometrist. But the doctor wanted more. He asked the optometrist's practice to contribute to a local food cupboard. The practice refused. Many Maine residents have suffered from medical negligence. But they can't afford to take legal action. The Maine Legislature needs to fix this imbalance. Some states have tried health courts. These courts use an administrative process to address smaller claims. Plaintiffs don't have to prove negligence. They just have to show that their injury could have been avoided by following best practices. This could reduce costs and make it easier for patients to get compensation.