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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.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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