Medical negligence settlements
in Maine.
Every Maine malpractice claim goes first to a prelitigation screening panel, and if the panel finds against the patient, the jury may be told. Three Supreme Judicial Court decisions show how that step shapes the outcome.
Facts that decide a medical negligence claim in Maine
| Screening panel | A malpractice claim starts with a notice of claim and a screening panel under the Maine Health Security Act, 24 M.R.S. §§ 2851 to 2859.Cutting v. Down East Orthopedic Associates (Me. 2025) |
|---|---|
| Panel findings at trial | An unfavorable panel finding may be admitted at trial, as happened in both Cutting and Nickerson.Estate of Nickerson v. Carter (Me. 2014) |
| Negligence is not enough | The patient must also prove the negligence caused the harm; a jury can find a doctor negligent and still find no legal cause.Estate of Nickerson v. Carter (Me. 2014) |
| Fault rule | Damages are reduced by the claimant’s share of responsibility, and “if such claimant is found by the jury to be equally at fault, the claimant may not recover.”14 M.R.S. § 156 |
The US band is the starting point. Maine's fault rule and any applicable cap then adjust the figure.