Sec. 4. 32 MRSA §3282-A, sub-§3 is enacted to read:

3.__Revocation; professional negligence.__The board shall revoke the license of a licensee who has been found to have committed professional negligence in at least 3 different judgments under Title 24, chapter 21.

SUMMARY

This bill protects patients in 4 ways.

First, it requires that a sentinel event report about a particular patient be given to that patient or the patient's representative within 5 days of the report's being submitted to the Department of Health and Human Services.

Second, it authorizes punitive damages in certain medical malpractice situations. Punitive damages are otherwise available under Maine law only when actual malice is proved. This bill allows an award of punitive damages against an employer who has actual or constructive knowledge of prior professional negligence or intentional professional misconduct and has not taken reasonable measures to protect patients from that health care practitioner's or health care provider's professional negligence or intentional professional misconduct.

Third, this bill requires the Board of Licensure in Medicine to revoke the license of a physician when the physician has at least 3 adverse judgments for professional negligence.

Fourth, this bill revises the statute of limitations in medical malpractice actions to institute a discovery rule, which delays the running of the statute of limitations until the medical malpractice is discovered or reasonably should have been discovered.