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Randall E. Smith
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MEDICAL MALPRACTICE

Not every person who suffers a medical complication has a valid claim.  Medical malpractice occurs only when a professional, such as a doctor, fails to provide proper or ordinary care to a patient or client.  As in the case of a typical personal injury lawsuit, the plaintiff must prove that the defendant acted negligently.  This requires the testimony of an expert witness.  Smith Elliott Smith & Garmey has developed an extensive network of nationally recognized experts whose honest testimony has proven essential to the firmís numerous medical malpractice victories.

One important thing to remember when filing a medical malpractice case is the short statute of limitations.  In these cases, legal action must generally be taken within three years of the date of the alleged negligent act or omission, or in the case of a minor, the case must be filed within six years of the date of the alleged act or omission.  Cases against state-owned or municipal hospitals have a much shorter statute of limitations, and require the filing of a notice of claim within 180 days of the incident.  Persons who wish to assert a claim against a veteranís hospital must file a notice of claim within two years of the date of the incident.  In Maine a claim against a health care provider must first go to a pre-litigation screening panel.  These are difficult and expensive cases and require special expertise.  Smith Elliott Smith & Garmey has this expertise.

The following list is a partial representation of Smith Elliott Smith & Garmeyís medical malpractice victories, many of which rendered verdicts in the seven figure range:

  • death from brain aneurysm
  • compartment syndrome resulting in a loss of a functioning arm in a child and leg in an adult
  • wrongful death because of a failure to recognize and treat a heart attack
  • brain damage from misdiagnosis and unnecessary radiation therapy
  • failure to diagnose perforated bowels/appendicitis
  • numerous cerebral palsy cases from delayed C-section
  • failure to alleviate fetal distress and resuscitate
  • retained surgical tools/sponges/towels
  • birth injuries
  • brachial plexus labor injury
  • delayed diagnosis of vascular compromise
  • laproscopic surgical errors
  • delayed diagnosis of cancer
  • anesthesia errors
  • inadequate elder medical care

Listed below are attorneys who specialize in Medical Malpractice

Randall E. Smith
Terrence D. Garmey
Keith R. Jacques
John H. OíNeil
Celine M. Boyle

 
Smith, Elliott, Smith & Garmey, P.A.
Portland, Maine
Saco, Maine
1-800-287-2797