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SMITH v. HAWTHORNE

892 A.2d 433 (2006)

2006 ME 19

James Edward SMITH et al. v. Catherine HAWTHORNE, M.D.

Supreme Judicial Court of Maine.

Reargued: October 20, 2005.

Decided: March 1, 2006.

Attorney(s) appearing for the Case

Arthur J. Greif, Esq. (orally), Julie D. Farr, Esq., Gilbert & Greif, P.A., Bangor, for plaintiffs.

George C. Schelling, Esq. (orally), Renee L. Inman, Esq., Gross, Minsky & Mogul, P.A., Bangor, for defendant.

Dissent: SAUFLEY, C.J., and CLIFFORD, and LEVY, JJ.

CALKINS, J.

[¶ 1] James and Sheryl Smith appeal from a judgment entered in the Superior Court (Hancock County, Hjelm, J.) in favor of Catherine Hawthorne, M.D., following a jury trial on the Smiths' complaint for medical malpractice. Prior to the trial, a prelitigation screening panel had unanimously determined that (1) Hawthorne deviated from the applicable standard of medical care; (2) the deviation did not cause James Smith's injury; and (3) Smith's...

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