Maine Medical Malpractice News
A Hovermale Law Publication

Maine Medical Malpractice News is a quarterly newsletter published to help members of the Maine bar identify viable medical malpractice cases in the context of the expensive, time-consuming and complicated medical malpractice system in Maine.

EXPERTS in MEDICAL NEGLIGENCE CASES (Issue #8 Fall 2004): Dealing with experts is a fact of life in medical negligence cases. This issue provides a quick summary of the law on experts as it applies to medical negligence cases, followed by some of the practical problems in dealing with expert witnesses.

EXPERTS in MEDICAL NEGLIGENCE CASES (Issue #7 Summer 2004): This issue highlights common areas of nursing negligence found in other settings, specifically long term care facilities and visiting nurse groups.

INTRODUCTION:

I have been handling medical malpractice cases for 20 years. The subject matter of cases successfully handled to conclusion includes:

Birth Injury
• Failure to do timely cesarean section causing brain damage and cerebral palsy
• Improper use of prostaglandin gel causing brain damage and cerebral palsy
• Failure to properly treat pre-eclampsia causing brain damage and cerebral palsy
• Shoulder dystocia causing brachial plexus and arm injuries
• Improper neonatal care causing brain damage and cerebral palsy
• Improper use of suction device causing head injury

Failure to Diagnose Cancer
• Breast
• Prostate
• Lung
• Lymphoma
• Astrocytoma
• Melanoma

Surgical Injuries
• Gallbladder
• Heart
• Pancreas
• Bowel
• Bladder
• Ovarian cyst
• Cut sciatic nerve during hip replacement
• Cut radial nerve during biopsy

Other Medical Malpractice Areas
• Failure to diagnose post surgical infection causing re-operations
• Failure to properly monitor Coumadin levels causing re-operations
• Failure to diagnose bilateral hip dislocations causing orthopedic injuries
• Dental malpractice
• Urinary tract misdiagnosis causing kidney failure
• Negligent pre-employment physical leading to death
• Nursing home injuries
• Streptokinase overdose causing massive bleeding
• Emergency Room negligence causing paraplegia
• Emergency Room negligence causing brain damage
• Hospital nursing negligence causing death
• Failure to detect cerebral hemorrhage resulting in death
• Failure to restart Coumadin resulting in stroke and death
• Removal of home oxygen causing death
• Dilantin overdose causing brain injury

I have developed a wide network of experts both in and out of state who provide impartial, fair, and highly competent reviews of submitted charts.

Medical malpractice cases in Maine are extraordinarily difficult for many reasons:

• The enormous cost involved in working the case up, proceeding through the prelitigation panel system, and then on towards trial put a tremendous amount of time, effort and money strain on a busy practitioner. The out of pocket costs to try a case to a panel can be as much as $35,000-$40,000. Through trial can top $100,000.
• The medicine has to be learned even when simply investigating the case. This obviously takes time and effort that a busy practitioner many times doesn't have.
• The adjusters for the major carriers are top-notch. The defense lawyers are top-notch.

All these factors have turned medical malpractice into a true subspecialty over the last 10-15 years.

If you have a potential medical malpractice case, I am here to talk to you about it and, if promising, investigate and handle it for you - all on a fee sharing basis consistent with the Bar Rules.

My paralegal, Barbara Tufts, has been with me for 17 years. She not only knows the business inside and out, but also knows all the players in the system - a true asset.

Feel free to call anytime at 1-800-780-7231 to talk about any case you feel has potential merit.

The material in this newsletter is designed to help you recognize the potentially viable medical malpractice case and point out some of the pitfalls of the system. A word of caution however: each case is different-on its facts, the medicine, the personalities, and the law. While this newsletter may give you a rough guide in certain areas, you may want to pick up the phone and call to discuss the case in more detail.