§ 2901 Ad damnum clause
§ 2902 Statute of limitations for health care providers and health care practitioners excluding claims based on sexual acts
§ 2902-A Motorcycle passenger exclusion
§ 2903 Notice of claim before suit
§ 2904 Immunity from civil liability for volunteer activities
§ 2905 Informed consent to health care treatment
§ 2905-A Informed consent for breast cancer
§ 2905-B Informed consent for pelvic, rectal or prostate examination
§ 2906 Collateral sources
§ 2907 Communications of sympathy or benevolence

Terms Used In Maine Revised Statutes > Title 24 > Chapter 21 > Subchapter 5 - General Provisions

  • Action for professional negligence: means any action for damages for injury or death against any health care provider, its agents or employees, or health care practitioner or the health care practitioner's agents or employees, whether based upon tort or breach of contract or otherwise, arising out of the provision or failure to provide health care services. See Maine Revised Statutes Title 24 Sec. 2502
  • Board: means the Board of Licensure in Medicine, the Board of Dental Practice or the Board of Osteopathic Licensure. See Maine Revised Statutes Title 24 Sec. 2502
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Physician: means any natural person authorized by law to practice medicine, osteopathic medicine or veterinary medicine within this State. See Maine Revised Statutes Title 24 Sec. 2502
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Professional negligence: means that:
A. See Maine Revised Statutes Title 24 Sec. 2502
  • registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Verdict: The decision of a petit jury or a judge.