Eastern Maine Medical Center suit going before state supreme court
The Maine Supreme Court will hear the case of the Estate of Randy N. Oliver vs. Eastern Maine Medical Center et al. at 11:30 a.m. on Dec. 13.
Eastern Maine Medical Center et al. argues that the Superior Court erred in denying its request for an award of costs incurred for experts who testified before a screening panel, given that EMMC was the successful party before the panel and at trial.
The Estaet of Randy N. Oliver argues that the Superior Court erred in determining that EMMC was not negligent in failing to comply with 18-A M.R.S., which governs a healthcare provider's duties when the healthcare provider disagrees with instructions from an incapacitated person's guardian; determining that Oliver had capacity to make his own healthcare decisions; interpreting the letters of guardianship that were issued to limit the guardian's powers; and determining that Oliver was not "incapacitated" at the time of his discharge from EMMC.
The original case revolved around a medical malpractice action that the Estate of Randy Oliver brought against Eastern Maine Medical Center.
Maine Supreme Court case number Pen-16-543