FRAME v. MILLINOCKET REGIONAL HOSP.

Docket No. Pen-12-322.

82 A.3d 137 (2013)

2013 ME 104

Perri FRAME v. MILLINOCKET REGIONAL HOSPITAL et al.

Supreme Judicial Court of Maine.

Decided: December 3, 2013.


Attorney(s) appearing for the Case

Samuel M. Pollack, Esq. , Pollack & Flanders, LLP, Boston, MA, for appellant Perri Frame.

Mark G. Lavoie, Esq. , and Jennifer A.W. Rush, Esq. , Norman, Hanson & DeTroy, LLC, Portland, for appellees Millinocket Regional Hospital, Daniel C. Herbert, William R. Jenkins, Kevin R. Olsen, Kwaku Owusu, and Douglas A. Rhoda.

Richard L. O'Meara, Esq. , Murray, Plumb & Murray, Portland, for amicus curiae Maine Trial Lawyers Association.

Anthony L. Gray, Esq. (orally), Pollack & Flanders, LLP, Boston, MA, for appellant Perri Frame.

Christopher C. Taintor, Esq. (orally), for appellees Millinocket Regional Hospital, Daniel C. Herbert, William R. Jenkins, Kevin R. Olsen, Kwaku Owusu, and Douglas A. Rhoda.

Dissent: ALEXANDER, and MEAD, JJ.


LEVY, J.

[¶ 1] Perri Frame appeals from a judgment entered in the Superior Court (Penobscot County, Anderson J.) dismissing her unsworn notice of claim, filed pursuant to the Maine Health Security Act (MHSA or Act), 24 M.R.S. § 2903(1)(A) (2012), on the ground that the defective notice failed to toll the applicable statute of limitations. We clarify the effect of a change in the MHSA and conclude that Frame should be permitted to amend her notice...

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