MAINE REFORMS

Collateral Source Rule Reform: LD 2513 (1990): Me. Rev. Stat. Ann. tit. 24 § 2961.  Provides for awards to be offset by collateral source payments, where the collateral sources have not exercised subrogation rights within 10 days after a verdict for the plaintiff.

Good Samaritan Protection: LD 2520 (1988).  Grants limited immunity to non-paid directors, officers and volunteers of non-profit organizations.

Medical Liability Reform: Affirmative Defenses: LD 2513 (1990).  Establishes a five-year medical liability demonstration project within the medical specialty areas of anesthesiology, emergency medicine and obstetrics and gynecology.  Provides the Board of Registration in Medicine and specialty advisory committees will develop practice parameters and risk management protocols that may be used by the physician as an affirmative defense in a claim for professional negligence.

Medical Liability Reform: Baby Delivery: LD 2513 (1990).  Establishes a rural medical access program to increase access to physicians who deliver babies in under-served areas of the state.  Provides that the projected savings from the revision of the collateral source rule will go into a fund that the Superintendent of Insurance will use to reduce the premiums of the physicians delivering babies in under-served areas of the state.

Medical Liability Reform: Contingent Fee Reform: Me. Rev. Stat. Ann. tit. 24 § 2961.  Limits contingent fees in professional liability cases to 33.3% of the first $100,000 recovered, 25% of the next $100,000 recovered, and 20% of any amount recovered over $2 million.  Permits a judge to allow fees in excess of these amounts in special circumstances.

Medical Liability Reform: Emergency Room Physicians: LD 2520 (1988).  Establishes limited immunity for emergency room physicians

Medical Liability Reform: Noneconomic Damages Reform: Me. Rev. Stat. Ann. tit. 24-A § 4313.  Limits noneconomic damages against a carrier of a health plan to $400,000.

Medical Liability Reform: Peer Review: LD 2520 (1988).  Increases protections for medical peer review and confidentiality.

Periodic Payment of Future Damages: Me. Rev. Stat. Ann. tit. 24 § 2951.  Mandates that a court allow the periodic payment if future damages exceeding $250,000.

Pleading Reform: LD 2520 (1988).  Prohibits the use of an ad damnum clause (a clause in a pleading stating the amount of damages claimed).

Prejudgment Interest Rate Reform: LD 2520 (1988).  Sets prejudgment interest rates and postjudgment interest rates at the U.S. Treasury Bill rate.

Product Liability Reform: LD 346 (1996).  Provides that “subsequent remedial measures” or steps taken after an accident to repair or improve the site of injury are not admissible as evidence of negligence.

Punitive Damages Reform: Tuttel v. Raymond, 494 A.2d 1353 (Me. 1985).  Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.