If you are aware of the various rules and regulations in regard to medical malpractice, then it may come to your rescue, in case you are faced with such a situation. Whether you are the claimant, or the defendant, knowledge in regard to the rules and regulations, pertaining to the issue can be always beneficial.

Now, if you are a resident of Maine, then in that case, there are a few things that you need to know in this regard.

As per the rules of the state, the action or act of negligence, causing the injury, damage or death has to be reported within three years from the date of the act, or the time of discovery of the injury, if it is caused due to a foreign object, other than that prescribed in similar situation.

The rule also state that the acts of negligence affecting the minors should be reported within six years from the date of the act of negligence or within three years after the child has attained majority, whichever comes first. In case of physical disability, the action does not accrue till the disability has been removed.

The state adheres to the doctrine of modified comparative negligence wherein the action of a petitioner is barred from recovery, in case, his/her negligence is found to be at par with that of the accused. In other cases of negligence on the part of the petitioner, the damages would be reduced by an amount that is deemed fit by the court.

As per the rules of the state, the joint accused are jointly as well as severally liable. Therefore, an accused against whom a judgment has been entered might be accountable to the petitioner for the total verdict, irrespective of the share of fault of the accused.

The rules also state that the joint accused are vested with the right to contribution and the right to contribution might be obligated, through a separate ruling.

The rule also states that an expert testimony is necessary for establishing a prima facie act of laxity, unless the laxity comes within the common knowledge of a layman. The rules of the state also do not Maine do not impose a maximum limit on the amount of damages that can be collected in such a case. However, in case of non- commercial damages for wrongful deaths have been limited to $150,000. Apart from that punitive damages have been limited to $75,000.

The may be of great help in future, in case you are caught up in a similar situation.

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