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Medical malpractice is one of the leading causes of death in the U.S., ProPublica reports. Only heart disease and cancer cause more deaths than medical negligence. Even though medical malpractice leads to many deaths, only a mere 2 percent of victims file an injury or wrongful death claim. That is because these claims can be difficult to prove. Victims of medical malpractice have a better chance of recovering a fair settlement if they understand the state’s medical malpractice laws and have an expert on your side.
When filing a medical negligence claim in Maine, you need to be aware of the times limits that apply to your case. The standard statute of limitations for medical malpractice claims is three years from the date the injury occurred.
Some medical malpractice injuries involve objects being left inside a patient, which can take years to discover. In such cases, the discovery rule applies giving victims more time to file a claim. If the discovery rule applies, the victim has three years from discovery to file their claim.
In Maine, medical malpractice claims involving children must be filed within six years of the injury or before the victim turns age 21.
Maine has other statutes of limitations that apply to different medical negligence situations. USAttorneys recommends you consult with medical malpractice lawyer to discuss which statute of limitations applies to your case.
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