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Data released from the Maine Medical Research Center indicates Lyme disease in Maine may be dropping off a bit due to hot, dry weather over the summer. However, this comes, as our Portland medical malpractice attorneys know, after a record-breaking 1,852 cases for the year in 2017. So far this year, 1,069 cases were reported, according to health officials.

Misdiagnosis of Lyme disease remains a cause of substantial consequence. Lyme disease, a bacterial infection spread by ticks, can be cured if treated very aggressively, particularly with early intervention. The hot, dry summers have resulted in lower numbers of ticks this year, which is good news. Unfortunately, people who are misdiagnosed for years suffer extensive health problems – up to and including death. Misdiagnosis of Lyme disease or delayed diagnosis denies a person critical medical intervention necessary to effectively fight the disease.

Misdiagnosis, or an overlooked diagnosis in general, is the most common type of medical malpractice in Maine. It’s important to point out that failure to diagnosis may not in and of itself be the basis for a medical malpractice lawsuit. It is when this failure to diagnose or misdiagnosis results in delayed treatment, improper medical care or no treatment at all – something that worsens a patient’s medical condition and prognosis – that can make such action (or inaction) potentially worth pursuing a Maine medical malpractice lawsuit. Continue reading

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A fatal car accident in Prospect resulted in the deaths of two men and, now, the felony conviction of a man suspected – but not proven – to have been the negligent driver of that vehicle. Bangor car accident attorneys know the case represents some unique elements from a wrongful death litigation perspective, due to the fact the person who was driving was not conclusively decided.

According to The Bangor Daily News, the 2016 crash involved a pickup truck on North Searsport Road on an afternoon in September 2016. What authorities know for certain is there were three occupants in that vehicle at the time the truck slammed into a utility pole, causing the truck to roll over several times, ejecting all three from the vehicle. Investigators determined speed was a major factor in the crash, but several crash scene reconstruction experts called to investigate for the prosecution and defense were unable to determine who was driving at the time of the collision – the 33-year-old surviving defendant or one of the two men who died, ages 59 and 35. Defendant, who suffered serious head injuries in the collision, cannot remember who was behind the wheel. Investigators know that defendant had been driving at other times during that day. Blood found on the driver’s side airbag was determined to belong to the surviving defendant, prompting serious felony charges of manslaughter and other crimes. However, an expert later determined the blood on the airbag most likely came form the person sitting in the center, not the driver. The more serious charges were dropped, but defendant was still charged with operating without a license as a habitual offender (resulting in a 3.5 year prison sentence) and violating conditions of his release (six months, to be served concurrently).

As for a Maine wrongful death lawsuit, a case where the driver cannot be identified poses some challenges. Still, our Bangor wrongful death car accident attorneys know there may be a number of potential options for compensation.

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Although it’s not exactly sparkler season (the biggest fireworks in November perhaps being the elections), the impact these explosives can have on lives lasts well beyond the Fourth of July. Bangor injury lawyers know this has been especially true since 2011, when Maine state lawmakers passed a law allowing legal sale and possession of consumer fireworks for adults over 21. Their use is restricted to certain holidays (July 4th and December 31st) and those weekends immediately before and after.  This spurred a new wave of retail outlets, peddling mostly Chinese products that are not only powerful, but if defective or used improperly, incredibly dangerous. Lawmakers passed a measure in 2012 and another in 2017 allowing both cities and plantations in Maine to adopt their own consumer fireworks ordinances, which is exactly what they’ve been doing.

Recently a man in Laconia, New Hampshire (about 2 hours from Portland, Maine) filed a lawsuit alleging a 19-shot AA firework cake and one of its charges struck him in the eye, causing him to lose his vision in that eye. Initially, he told investigators the firework, which was consumer-grade, may have had a “quick fuse.” He’s now suing the manufacturer of that firework for product liability, saying the fuse was defective. Authorities on scene noted the firework had been anchored properly to the ground, spectators were a safe distance away and there was a hose on the ground nearby.

Last October, a man in Sabattus, Maine died as a result of a fireworks explosion after he lit a firework inside a cinder block at his son’s home. He was standing roughly 15 feet away, but the force of the explosion sent fragments of cinder block flying, causing several pieces to strike him and resulting in fatal injuries. There is no word yet on whether his surviving family intends to take legal action. Continue reading

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Last year, officials reported record-breaking traffic on New England roads over the Thanksgiving holiday. More than 2.2 million people in this region make a turkey day trek more than 50 miles, representing a 3.5 percent increase over a year ago and the biggest boost in volume since 2005. It’s not clear exactly how many of those were in rented vehicles, but we know it’s common. There was also an uptick in air travel, with some 36,000 people flying out of Portland International Jetport, many opting for rental vehicles while in town.  Nationally, it’s estimated some 51 million people traveled over the five-day Thanksgiving holiday period from Wednesday through Sunday (with Wednesday being the busiest day).

Maine car accident attorneys in Bangor know that when a collision involves a rented vehicle, there may be some unique elements to consider with regard to auto insurance and liability coverage.

Prior to 2005, victims of car accidents could take legal action against rental car companies, holding them liable for the negligent actions of the person driving a vehicle owned by the rental company. This falls under a special type of law called “vicarious liability,” meaning it’s not necessary to show the person you’re suing for injuries directly did anything wrong. Rather, motor vehicles are inherently dangerous and so the owner was responsible for negligent use of that dangerous tool by someone else if the owner gave that person permission.

But then Congress passed the Graves Amendment, part of a larger federal transportation bill, which largely released rental car companies from liability when a renter crashes a car. However, that does not mean they are entirely off-the-hook. They can still be held liable for direct negligence. For example, if a causal factor in the crash was worn tire tread, that could be the fault of the rental car company. If the brakes were old or the car hadn’t been maintained, that could be evidence of direct negligence by the rental car company.  Continue reading

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Horse injury lawsuits in Maine have been an uphill battle ever since a 1999 change to the state’s equine liability law. M.R.S.A. Title 7, Part 9, ch.743 s.4103-A on Liability for Equine Activities limits the liability of any horse activity sponsor, professional or anyone else engaged in equine activity for personal injury or death of participants or spectators that result from inherent risks of such activities – other than specific statutory exceptions. It’s incumbent on participants to be responsible for knowing their own limits in managing, caring for or controlling a horse, and they’re responsible for heeding all warnings and must refrain from doing anything that might cause or contribute to an injury.

Still, as noted in a 2010 ruling by the U.S. District Court in Maine, “There does not appear to be any legislative history to suggest that the current version of the Maine Equine Activities Act, which was amended in 1999, was meant to repudiate any possibility of a negligence action arising in the context of equine activities.” In other words, just because Maine injury lawsuits filed as a result of horse-related activities are now more difficult, it does not mean the possibility of prevailing is altogether eliminated. An experienced Bangor injury lawyer should be able to further discuss your legal rights.

Recently, the Bangor Daily News reported on a Maine injury lawsuit filed by parents of a New York girl against a farm in Maine, accused of negligence in running a horse-riding tour that during a 2016 visit caused the girl to be thrown from a horse. She suffered a broken skull and spine. It was the girl’s first time riding a horse. The family alleges medical bills have exceeded $680,000 and she continues to suffer physical and mental impact. Continue reading

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Learning good sportsmanship is one of the primary purposes of youth sports. Yet all over the country – and right here in Maine – serious injuries are reported when parents, players, coaches and fans engage in violence both on and off the field.

Our Portland injury lawyers just recently read about a girls soccer field punch during a playoff game at Lisbon High School, a half hour outside Portland. A video clip (viewed more than 73,000 times on social media before it was removed) shows one player swinging at an opposing player after a scored goal. Later in the game, the clip shows that same player attack again, punching the same girl in the face. The victim fell as she tried to dodge the punch and apparently wasn’t seriously hurt, according to the Portland Press Herald. The video is being reviewed by school officials and no criminal charges have been filed. Less than a week later, the Press Herald reported yet another violent attack at a youth sports game, this time at Scarborough High School, where a 20-year-old resident allegedly stabbed a 15-year-old student in the parking lot during a soccer game half-time.

As Maine injury lawyers know, there may be few remedies available for youth sports players who suffer certain injuries in the course of the game. Depending on the nature of the sport, those injuries may be considered the inherent risk one assumes in playing. (Not always, though, so it’s best to at least discuss your rights with an attorney.) However, when an assault or battery occurs at a sporting event, either among fans or between players or even parents, coaches or referees, parties may be found liable under either negligence or intentional tort law. Continue reading

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The town of Kittery is now facing nearly half a dozen Maine injury lawsuits following a van crash in which nearly a dozen children, ages 7 to 9, were injured when the driver, employed by the town, crashed due to a medical emergency. Plaintiffs are seeking monetary damages for medical expenses incurred in the weeks following the crash.

Injuries included a fractured leg, head injuries, facial scarring and emotional trauma. According to The Portland Press-Herald, the driver, 21, did have a commercial license, but had disclosed in a previous court case (which was public record) that he suffered from epilepsy and seizures, and he also had an extended history of previous criminal driving infractions. An internal review by the town revealed officials there did not check the man’s prior driving record before he was hired.

This case raises a number of legal issues, some of which, like the sudden emergency doctrine, we touched on previously. However, it also raises the common issue in Maine crash case which is one of respondeat superior, or employer liability for employee negligence.

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The house fire death of a patient who had been discharged from a hospital the previous night was the subject of a Maine medical malpractice lawsuit recently before the Maine Supreme Judicial Court. There was no question the man’s death did not occur while he was on hospital property or under care of medical staffers. The issue was whether the hospital and other defendants were negligent in discharging the patient, whom plaintiffs asserted lacked the capacity to offer informed consent to that discharge.

In Oliver v. Eastern Maine Medical Center, the state high court affirmed the conclusion of the Superior Court, which found the hospital was not negligent in the discharge, despite the fact it was contrary to instructions given by patient’s children as his court-appointed guardians. The question became whether the patient was mentally fit to authorize his own discharge from the hospital.

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The families of Maine children injured in a van crash across state lines on I-95 in New Hampshire have filed notice they intend to sue a town government for negligence to recover compensation. Although this case has been filed outside of the state, it’s worth discussing because not only does it involve residents of this state, van crashes are not isolated incidents, and nor is the failure of employers to properly vet employee drivers (as is alleged to be the case here). If you have questions about a vehicle accident, reach out to a Maine personal injury attorney to discuss your options.

According to the Portland Press Herald, eleven summer campers were aboard the passenger van owned by the town, operated by a town employee and headed to Candia Springs Adventure Park in mid-August when the driver crashed into a large tree alongside the highway. Several of the children, ages 7 to 9, were injured and transported to a children’s hospital for treatment. They were ultimately released. Traffic investigators say the driver, a 21-year-old, suffered a medical emergency just before the wreck. Police investigators haven’t elaborated, but journalists reported the driver disclosed in a prior unrelated court case that he suffers from epilepsy and had experienced grand mal seizures in the past. He also had a long history of previous traffic violations as well as a long criminal record.  Continue reading

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A worker who suffered a drug overdose on the job is suing his former employer, alleging his co-workers committed gross negligence by failing to call 911 and instead placing him in a cold shower. Bangor Daily News reports the 30-year-old man is now confined to a wheelchair and unable to care for himself.

The case is unique in the fact that in most Maine work injury cases seeking coverage of medical bills and lost wages from an employer, workers’ compensation is the exclusive remedy, as explained in the general provisions of 39-A M.R.S.A. §104. The law says an employer is exempt from civil action for either negligence or intentional conduct resulting in an employee’s injury or death, and also that a fellow employee is exempt from a Maine injury lawsuit arising out of the course of employment.

As a no-fault system, the employee is not required to prove negligence and the employer loses the right to assert most common-law defenses that would ordinarily address an injury lawsuit. The worker does need to show he or she was acting in the course and scope of employment. Although employees can (and should, if available) assert third-party liability claims against non-employer defendants whose negligence caused or contributed to their injuries, it’s very rare for an employee to succeed in a negligence lawsuit against an employer for injuries sustained in the course and scope of employment. This doesn’t apply to independent contractor workers, only those who meet the definition of “employee.”  Continue reading

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