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Latent Medical Errors And Maine's Statute Of Limitations For Medical Malpractice: A Discussion Of The Issues, Kathryn M. Kendall

Maine Law Review

Each year in the United States, between 44,000 and 98,000 hospitalized patients die as a result of medical errors. Nearly a third of such errors are caused by negligence. Although most of these negligent mistakes become apparent to patients or their families shortly after they occur, a few remain undiscoverable for an extended length of time. When medical errors lead to the misdiagnosis of diseases with long latency periods, patients may be delayed in obtaining appropriate treatment. Nonetheless, in Maine, because medical malpractice actions are governed by a strict occurrence-based statute of limitations as opposed to a limitations period that …