Health Justice Transformation - Maine

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$400,000 cap on non-economic damages in wrongful death cases.

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Evidence is admissible after a verdict has been rendered and the judgment must be reduced by the amount received from collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes if damages exceed $250,000. Either party may request periodic payments.

Limitation of Plaintiff’s Attorneys Fees

Yes. Fees are limited to 33.3% of first $100,000; 25% of the next $100,000; and 20% of amounts over $200,000.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Mandatory pre-litigation screening panels shall submit a written opinion determining whether the acts or omissions of the defendant proximately

Standards for Expert Testimony/Witness

Expert testimony is required to establish prima facia case of negligence, unless the facts can clearly demonstrate negligence to the lay person.