In Baker v. Farrand, the Maine Supreme Judicial Court, sitting as the Law Court, held that for a series of related negligent acts or omissions committed by a health care provider or practitioner, a single cause of action “accrues” under the Maine Health Security Act (hereinafter MHSA) on the date of the last act or omission that contributed to the plaintiff’s injury. Hence, in situations where a physician provides continuing negligent treatment to a patient in which each and every one of the physician’s actions are negligent, the MHSA’s three-year statute of limitations does not begin to run until the last date of negligent care. Courts refer to this construction of the law as the “continuing negligent treatment doctrine.”
Michael P. Beers,
Tipping the Scales?: Maine Adopts the Continuing Negligent Treatment Doctrine in Baker v. Farrand,
Me. L. Rev.
Available at: http://digitalcommons.mainelaw.maine.edu/mlr/vol64/iss2/11