Does Maine have a cap for damages in medical malpractice cases?
In Maine, there is no law on the books that specifically limits or caps damages in a medical malpractice case -- meaning compensation that is available to a plaintiff after a successful lawsuit in court. But there is a Maine law that caps damages for any personal injury case involving allegations of wrongful death. In those cases, damages are capped at $500,000.
So, for a medical malpractice case where the plaintiff(s) is alleging that the defendant’s medical negligence caused a patient’s wrongful death, even where the plaintiff ends up winning the lawsuit, any damage award will not be able to exceed $500,000 in accord with Maine law. You can find this rule codified at Maine Revised Statutes Title 18A section 2-804.
by: David Goguen, J.D.