An Act To Protect Maine Citizens from Medical Negligence
Maine Legislature, Session 122, LD 1582
Committee: Judiciary
Sponsors: PELLETIER-SIMPSON
Amends: 22 MRSA §8753, 24 MRSA §2902, 24 MRSA §2907, 32 MRSA §3282-A

Legislative Document 
No. 1582 
H.P.1118 
House of Representatives, April 26, 2005 
An Act To Protect Maine Citizens from Medical Negligence 
Reference to the Committee on Judiciary suggested and ordered printed. 
'/J1~ frl.11!dC~ 
MILLICE~l M. MacFARLAND 
Clerk 
Presented by Representative PELLETIER-SIMPSON of Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §8753, sub-§5 is enacted to read: 
~. 
Report to patient or patient's representative. 
A health 
care facility that submits a 
report under subsection 2 shall 
provide a copy of the report to the patient or the patient I s 
!'_e_PI-e..Sentative within 5 days of submitting the report to the 
division. 
Sec. 2. 24 MRSA §2902, first 1J, as repealed and replaced by PL 
1985, c. 804, §§13 and 22, is amended to read: 
Actions for professional negligence 
SRa~~ ~ 
be commenced 
within 
years after the cause of action accrues. 
For the 
purposes of this section, a cause of action accrues on the date 
e~--~S&-~-~--emiGGieB--~iyia~--r~-~~-~~--iRj~~y ~~~he 
plaintiff discovers or 
reasonably should have 
discovered the 
harm. Notwithstanding the provisions of Title 14, section 853, 
relating to minority, actions for professional negligence by a 
minor 
SRa~~ ID~ be commenced within 6 years after the cause of 
action accrues or within 3 years after the minor reaches the age 
of majority, whichever first occurs. 
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Sec. 3. 24 MRSA §2907 is enacted to read: 
§2901. 
Punitive damages 
~.di.tiQ1l~Q any other r..e.medy allowed by law, 
a-p"eX.lH~~ 
has been injured by the professional negligence or intentional 
professional misconduct of a health care practitioner or health 
care provider has a cause of action for punitive damages 
again~ 
the employer of that health care practitioner or health care 
provider if: 
1. 
Knowledge of prior acts. 
The employer had act\l§.L..Q.r. 
constructive knowledge of prior acts of professional negligence 
or intentional professional misconduct committed by that health 
care practitioner or health care provider; and 
2. 
Failed to 
reasonable measures 
protect. 
The 
employer 
failed 
to 
to protect patients from that health 
Page l-LR1880(1) 
take 
care 
p~i 
tioner' s or he~~g_re provider's professional negligence 
or intentional professional misconduct. 
Sec. 4. 32 MRSA §3282-A, sub-§3 is enacted to read: 
3. 
Revocation; professional 
~egligence. 
The board shall 
~ke the 
licen~ of a 
licensee who has been found to have 
~ommitted professional 
negligence 
in 
at 
least 
different 
judgments under Title 24. chapter 21. 
SUMMARY 
This bill protects patients in 4 ways. 
First, it requires that a 
sentinel event report about a 
particular patient be given to that patient or the patient's 
representative within 5 days of the report's being submitted to 
the Department of Health and Human Services. 
Second, it authorizes punitive damages in certain medical 
malpractice situations. 
Punitive damages are otherwise available 
under Maine law only when actual malice is proved. 
This bill 
allows an award of punitive damages against an employer who has 
actual 
or 
constructive 
knowledge 
of 
prior 
professional 
negligence or intentional professional misconduct and has not 
taken reasonable measures to protect patients from that health 
care 
practitioner's 
or 
health 
care 
provider's 
professional 
negligence or intentional professional misconduct. 
Third, this bill requires the Board of Licensure in Medicine 
to revoke the license of a physician when the physician has at 
least 3 adverse judgments for professional negligence. 
Fourth, 
this bill revises the statute of limitations in 
medical malpractice actions to institute a discovery 
rule, which 
delays 
the 
running of 
the 
statute of 
limitations until 
the 
medical malpractice is discovered or reasonably should have been 
discovered.