An Act To Ensure Timely Resolution of Professional Negligence Claims
Sec. 1. 24 MRSA §2853, sub-§7, as amended by PL 1991, c. 505, §4, is further amended to read:
Sec. 2. 24 MRSA §2859, as amended by PL 1989, c. 827, §4, is further amended to read:
§ 2859. Statute of limitations
The applicable statute of limitations concerning actions for professional negligence is tolled from the date upon which notice of claim is served or filed in Superior Court until 30 days following the day upon which the claimant receives notice of the findings of the panel or until 30 days following the filing of a notice of withdrawal pursuant to section 2853, subsection 7, whichever is later.
Under the Maine Health Security Act, a person is allowed to commence an action for professional negligence only by first submitting the claim to a mandatory prelitigation screening and mediation panel.
This bill allows a claimant whose hearing has not been held within 18 months of the submission of the claim to the panel to bypass the panel and have the case heard in Superior Court.