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Maine

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 6 years
  • SOL for Medical Malpractice Claims (Parental Claims): 3 years
  • SOL for Wrongful Death Claims: 3 years

Maine Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

6 years: 24 Me. Rev. Stat. Ann. § 2902: Six years after accrual or within three years of reaching majority, whichever is first.

Maine Statute of Limitations for Medical Malpractice Claims (Parental Claims)

3 years: 24 Me. Rev. Stat. Ann. § 2902: actions for professional negligence must be commenced within 3 years after the cause of action accrues. This section does not apply when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm. For the purposes of this section, the term “foreign object” does not include a chemical compound, prosthetic aid or object intentionally implanted or permitted to remain in the patient’s body as a part of the health care or professional services. If the provision in this section reducing the time allowed for a minor to bring a claim is found to be void or otherwise invalidated by a court of proper jurisdiction, the statute of limitations for professional negligence is 2 years after the cause of action accrues, except that no claim brought under the 3-year statute may be extinguished by the operation of this paragraph.

Maine Medical Malpractice Claim Caps

None on medical malpractice.

Maine Statute of Limitations for Wrongful Death Claims

3 years: 24 Me. Rev. Stat. § 2902 …actions for professional negligence must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury.

Maine Wrongful Death Claim Caps

Me. Rev. Stat. Title 18A, § 2-804: …The jury may give damages as it determines a fair and just compensation with reference to the pecuniary injuries resulting from the death and in addition shall give such damages that will compensate the estate of the deceased person for reasonable expenses of medical, surgical and hospital care and treatment and for reasonable funeral expenses. In addition, the jury may give damages not exceeding $500,000 for the loss of comfort, society and companionship of the deceased, including any damages for emotional distress arising from the same facts as those constituting the underlying claim, to the persons for whose benefit the action is brought.

The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.