Justia Maine Supreme Court Opinion Summaries

After being diagnosed with prostate cancer, Philip Baker filed a notice of claim in accordance with the Health Security Act, alleging that his primary care physician violated the applicable standard of care by failing to refer him to a urologist earlier, thus delaying his diagnosis. The superior court granted partial summary judgment to the doctor, finding that the three-year statute of limitations barred Baker's claims for negligent acts or omissions occurring more than three years before he filed his notice. In so ruling, the court declined to recognize the continuing negligent treatment doctrine, which allows a patient to assert a cause of action for professional negligence based upon two or more related negligent acts or omissions by a health care provider or practitioner if some, but not all, of the acts or omissions occurred outside of the statute of limitations period. The Supreme Court vacated the partial summary judgment, holding that the language of the Health Security Act authorizes claims of continuing negligent treatment. Remanded. View "Baker v. Farrand" on Justia Law

Plaintiff Scott Hackett aggravated a pre-existing low back injury while working as a long distance truck driver for Western Express. After Hackett was terminated for reasons unconnected to his injury, Hackett filed a petition for award to the Workers' Compensation Board and was awarded ongoing partial incapacity benefits for a gradual injury to his lower back. When calculating Hackett's weekly wage, the hearing officer (1) excluded the nine cents per mile Hackett received as per diem pay, concluding that it was paid to cover special expenses, and (2) concluded that the per diem payments were not a fringe benefit that could be included to a limited extent in average weekly wage. Hackett appealed. The Supreme Court affirmed the hearing officer's decision but remanded for a recalculation of Hackett's fringe benefits pursuant to Me. W.C.B. R. ch. 1, 5(1). View "Hackett v. Western Express, Inc." on Justia Law

Plaintiffs-Appellants Dwayne and Debbie Bonney appeal the lower courtâs decision granting summary judgment to Defendant-Appellee Stephens Memorial Hospital. The Court vacated the decision on the state law claims, and remanded the case back to the lower court for further proceedings. Plaintiffs drove themselves to the hospital after a violent assault that took place at their home. A hospital security guard overheard the Plaintiffsâ discussion with nursing staff, and said that he was going to call the police. Despite the Plaintiffsâ protest, the guard made the call, and disclosed all information he overheard. Based on this information, police obtained a warrant to search the Plaintiffs' home, found evidence of marijuana cultivation, leading to the Plaintiffsâ subsequent indictment and conviction on drug trafficking charges. Citing a violation of state and federal law for unauthorized disclosure of health care information, the Plaintiffs brought suit seeking damages from the hospital and the unnamed guard. On appeal, the Court found that the lower court erred in dismissing the Plaintiffsâ state claims under summary judgment: â30-A.M.R.S. § 287 does not shield health care providers for the unauthorized reporting of confidential health care information when the reporting involved is not related to an examination of a victim performed to obtain evidence for the prosecution.â The Court upheld dismissal of the Plaintiffsâ claims under the Health Insurance Portability and Accountability Act (HIPPA) finding the law authorizes no private cause of action.