Legal Question in Medical Malpractice in Maine

My uncle lives in Maine and a few years ago he had colon cancer. We believe that his treatment was somewhat negligent. His radiation treatment was so severe that he has a permanent colostemy bag. He sought other treatment and would possibly would be able to get a statement to the effect that he was mistreated. His quality of life (social life) had been significantly affected by this inconvenience. How would you recommend we proceed?


Asked on 9/03/09, 8:42 pm

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

I am sorry that your uncle has had such a difficult time. The first step is to get an expert opinion regarding whether this is medical malpractice, otherwise known as medical negligence. This opinion should come from someone that will assist us all the way through litigation. Experts charge significant fees to render opinions, but we may be able to get a preliminary opinion for a smaller fee. I would identify the experts to use. Without a firm opinion, it is not worth initiating a claim. The cost and time commitment requires that we have a good idea of the strengths and weaknesses of the case before we demand a settlement or start any legal claims. The complete medical records and bills will also need to be collected for review by the expert. It can be very difficult to prove malpractice, even when it looks obvious. Many doctors who tell you that it is negligence, often change the way they describe their position when lawyers get involved. If you would like to proceed, we can talk about how much you would be willing to spend to find out if you even have a valid claim under the law. Thank you for your inquiry.

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Answered on 9/08/09, 10:02 pm


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