Maine Revised Statutes Title 24 Sec. 2855 – Findings by panel
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1. Negligence and causation. At the conclusion of the presentations, the panel shall make its findings in writing within 30 days by answering the following questions:
A. Whether the acts or omissions complained of constitute a deviation from the applicable standard of care by the health care practitioner or health care provider charged with that care; [PL 1999, c. 523, §3 (AMD).]
A-1. [PL 1999, c. 668, §103 (RP).]
B. Whether the acts or omissions complained of proximately caused the injury complained of; and [PL 1999, c. 523, §3 (AMD).]
C. If negligence on the part of the health care practitioner or health care provider is found, whether any negligence on the part of the patient was equal to or greater than the negligence on the part of the practitioner or provider. [PL 1989, c. 361, §§8, 10 (NEW).]
[PL 1999, c. 668, §103 (AMD).]
Terms Used In Maine Revised Statutes Title 24 Sec. 2855
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care practitioner: means physicians and all others certified, registered or licensed in the healing arts, including, but not limited to, nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists, physicians' assistants and veterinarians. See Maine Revised Statutes Title 24 Sec. 2502
- Health care provider: includes a veterinary hospital. See Maine Revised Statutes Title 24 Sec. 2502
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Plaintiff: The person who files the complaint in a civil lawsuit.
2. Standard of proof. The standard of proof used by the panel shall be:
A. The plaintiff must prove negligence and proximate causation by a preponderance of the evidence; and [PL 1989, c. 361, §§8, 10 (NEW).]
B. The defendant must prove comparative negligence by a preponderance of the evidence. [PL 1989, c. 361, §§8, 10 (NEW).]
[PL 1989, c. 361, §§8, 10 (RPR).]
SECTION HISTORY
PL 1985, c. 804, §§12,22 (NEW). PL 1989, c. 361, §§8,10 (RPR). PL 1991, c. 505, §5 (AMD). PL 1999, c. 523, §3 (AMD). PL 1999, c. 668, §103 (AMD).