Portland Medical Malpractice Attorney

What Is Considered Medical Malpractice in Maine?

“Medical malpractice” refers to professional negligence by a healthcare provider that leads to substandard treatment, resulting in harm to a patient. Medical malpractice can involve different forms of negligence, including misdiagnosis, incorrect treatment, and even neglecting a patient.

A key element in the definition of medical malpractice in Maine is the "standard of care," which refers to the level and type of care that a reasonably competent and skilled healthcare professional (with a similar background and in the same medical community) would have provided under the circumstances that led to the alleged malpractice. The standard of care is important because it is used as a benchmark to assess whether the healthcare provider’s conduct was negligent.

An instance of substandard treatment that leads to patient harm does not automatically constitute medical malpractice in Maine. It must be established that the healthcare provider deviated from the standard of care and that deviation directly led to the patient's harm. This harm could take many forms, such as physical injury, mental anguish, additional medical costs, or lost earning capacity.

Again, it is important to remember that an adverse or unpredictable outcome to a medical procedure or some other medical scenario does not automatically mean a provider has committed medical malpractice. With that said, it is in your best interest to get legal advice from an experienced and knowledgeable attorney when you suffer any injury due to medical treatment or after following a medical professional’s advice. Our Portland medical malpractice attorney can assess the strength of your case and review your legal options. 

For a claim to qualify as medical malpractice, it must meet the following criteria:

• Duty of Care: The healthcare provider must have had a duty to provide care to the patient. This usually happens when a doctor-patient or healthcare provider-patient relationship exists.
• Breach of Duty: The healthcare provider must have failed to meet the accepted standard of care, either by an act of omission or commission.
• Causation: The healthcare provider's breach of duty must be the direct cause of the patient's injury or harm.
• Damages: The patient must have suffered tangible harm as a result of the breach, such as physical injury, emotional distress, or financial loss.

Examples of medical malpractice include errors in diagnosis, surgical mistakes, medication errors, birth injuries, and failures in treatment. At C. Foster Law PLLC, we have extensive experience handling a variety of medical malpractice cases and helping victims navigate the complex process of filing a claim.

Types of Medical Malpractice

Understanding the various types of medical malpractice can help you recognize when you are a victim of negligence and have the right to take legal action. At Foster Law, we are ready to handle just about any type of medical malpractice case and fight to ensure our clients receive the justice they deserve.

Some common types of medical malpractice include:

• Misdiagnosis or delayed diagnosis. This form of malpractice occurs when a healthcare provider fails to correctly diagnose a patient's condition in a timely manner, leading to improper or delayed treatment. A misdiagnosis can exacerbate a patient's condition, cause unnecessary harm, and in some cases, lead to fatal outcomes.
• Medication errors. These involve errors in the prescription, dispensing, or administration of drugs. It can include prescribing or administering the wrong drug, administering the incorrect dosage, or failing to consider the patient's allergies or other medications that could lead to dangerous interactions.
• Surgical errors. These are mistakes made during surgical procedures, such as operating on the wrong body part, leaving surgical instruments inside a patient's body, or causing unnecessary and avoidable damage to surrounding tissue. Post-operative negligence, such as inadequate follow-up care leading to infections or complications, also falls under this category.
• Birth injuries. This type of malpractice involves negligence during childbirth, leading to injury to the baby or the mother. It can include failure to anticipate birth complications, improper use of medical devices during delivery, or failure to respond to signs of fetal distress.
• Anesthesia errors. These are mistakes made when administering anesthesia. It can involve failure to inform the patient of necessary preoperative procedures, using too much anesthesia, or not monitoring vital signs during surgery. Such errors can lead to permanent brain damage or even death.
• Failure to obtain informed consent. This occurs when a healthcare provider fails to fully inform a patient about the risks, benefits, and alternatives of a proposed treatment or procedure, thereby depriving the patient of the opportunity to make an educated decision about their care.