Maine law

Medical Malpractice Laws in Maine.

Maine medical malpractice claims are subject to a 3-year statute of limitations. The state does not cap compensatory damages in medical malpractice cases (though wrongful death noneconomic damages are capped). Maine requires a mandatory pre-litigation screening panel process before filing a lawsuit and a $200 filing fee for the notice of claim.

Last verified: 2026-02-25

State law

Statute of Limitations

3 years24 M.R.S. § 2902

Actions for professional negligence against healthcare providers must be filed within 3 years after the cause of action accrues (the date of the negligent act or omission).

Exceptions

Foreign Objects — 3 years from discovery24 M.R.S. § 2902

When a foreign object is left in a patient’s body, the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm. Does not include intentional implants, prosthetics, or chemical compounds.

Minors — 6 years or 3 years after age 18, whichever is first24 M.R.S. § 2902

Actions involving minors must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority (18), whichever occurs first.

State law

Fault & Liability Rules

Modified Comparative Fault (50% Bar)14 M.R.S. § 156

The same comparative fault rules apply as in general personal injury. If the patient is found to be 50% or more at fault (rare in medical malpractice), they recover nothing.

State law

Damage Caps

Compensatory Damages: No cap

Maine does not cap compensatory damages in medical malpractice cases.

Wrongful Death — Noneconomic Damages: $1,000,000 (adjusted for inflation)18-C M.R.S. § 2-807

In wrongful death cases involving medical malpractice, noneconomic damages for loss of comfort, society, and companionship are capped at $1,000,000, adjusted annually for inflation starting in 2024. Economic damages are not capped.

State law

Filing Requirements

Notice of Claim$20024 M.R.S. § 2853

Before filing suit, the injured patient must serve a notice of claim on the healthcare provider and file a copy with the court, along with a $200 filing fee per notice.

Pre-Litigation Screening Panel24 M.R.S. § 2857

After filing the notice of claim, the case is submitted to a pre-litigation screening panel that reviews medical records, hears testimony from parties and experts, and issues a non-binding opinion on the viability of the claim within 30 days of hearing.

State law

Key Maine Statutes

Pre-Litigation Screening Panel24 M.R.S. §§ 2851–2859

Maine requires mandatory pre-litigation screening of medical malpractice claims to identify meritorious cases and encourage early withdrawal of nonmeritorious claims. The panel’s findings are admissible at trial but not binding.

Informed Consent24 M.R.S. § 2905

Healthcare providers must obtain informed consent before treatment. Failure to disclose material risks, alternatives, and the nature of the proposed treatment can be the basis for a malpractice claim.

State law

Official Sources

Maine State Legislature — Health Care Maine Judicial Branch

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Maine.

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Medical Malpractice Laws in Maine.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Maine Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in Maine.

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