Maine physicians have a duty to direct patients to seek a second opinion when appropriate.  There are enough gray areas in medicine that it is often worth asking for a second opinion, but alarmingly, only three percent of patients ask for a second opinion!  What is the reason for this?

Could it be that Maine patients are simply lackadaisical about following a doctors clear statement that a second opinion is warranted? Or, given the insurance disincentive to provide more costly care, is it the case that doctors feel pressure to minimize second opinion referrals?

Medical test results can give conflicting information to a primary care physician, and in many cases, another physician’s opinion—perhaps even a specialist’s opinion- is warranted. Though patients may worry about what their primary care physician will think and how they will be treated in future visits if they do seek a second medical opinion, a physician’s attitude can reverse that fear.  It is medical malpractice for a Maine physician to fail to refer a patient for a second opinion in appropriate circumstances.

Maine doctors should

Elective surgery and diagnoses of cancer are two instances where second opinions could be very helpful.   This is particularly important in Maine for this reason:  If, for example, a doctor negligently overlooks a tumor on an imaging study, and three years go by before the medical mistake is caught, the patient cannot recover against the negligent doctor for the increased risk of death, payment of bills for costly treatments caused by the delay in treatment, or lost wages related to the delay in treatment.

Knowing how vulnerable Maine patients are to physical, emotional and financial injury caused by medical malpractice is reason enough to give second opinions a second look.

Copyright 2009, Briggs & Counsel

Snowmobiling has always given Maine’s economy a boost, drawing people from all ove the state and contry for a taste of winter fun in the wilds of Maine. 

There are 13,000 miles of snowmobile trails in Maine and there are no speed limits.  The whole idea of snowmobiling is to give the rider a sense of freedom and fun.  Sledders are judged by the standard of “reasonable and prudent speed for the existing conditions”. Reasonable means remembering that many families are out riding together, enjoying the outdoors.

Snowmobile safety laws, such as the ban against operating under the influence, are in place to balance fun and responsible driving.

Fun can turn to tragedy in a flash.  Last winter death struck twelve snowmobilers in Maine. There have already been two snowmobile related deaths this season, and the snow has just started to pile up.  The sad fact is that even the safest snowmobiler can’t always protect against snowmobiling injuries caused by others. What can you do if you are injured by a reckless snowmobiler?  Do you have any rights out on the snow?  Who will pay your medical bills and bring home a paycheck if you are too hurt to work?

The short answer is that if you are severely injured through no fault of your own in a snowmobile accident, Maine law gives you the same rights you have if you are negligently hurt in car accident, or on the operating room table from malpractice. The hard truth is that the road to recovery is often a long, hard haul. 

Snowmobile injuries and deaths have caught the attention of state officials, who want Mainers and other to enjoy the sport without injury.  In a recent press release about snowmobiling Governor Baldacci urged snowmobilers to be safe and sober when out on the trails this winter.   The strength of the law behind the Governor’s statement comes in the form of a Maine Warden.

The Maine Warden Service uses all available manpower to make sure that the death toll from reckless snowmobiling is minimized.  As the season gets busier, officials plan safety checks along Maine’s snowmobile trails. However, it’s an uphill battle to police a round-the-clock, round-the-state sport against the handful of sledders that view snowmobiling as no-holds-barred speed adventure. 

For more information, including tips on how to protect yourself from injury, turn to websites such as  Snowmobile Maine . The group’s “Ride Right” motto reminds members that fun comes with a duty to protect others as well.