Baker v. Farrand
2011 ME 91
| Me. | 2011Background
- Baker's primary care physician Farrand treated him from 1987 to 2006 and ordered PSA tests during 1996–2006.
- PSA results over 2001–2006 were elevated and in 2006 Baker was referred to a urologist, who diagnosed prostate adenocarcinoma.
- Baker filed a Health Security Act notice of claim on September 14, 2007 alleging negligent failure to refer in 2002–2006, causing delayed cancer diagnosis.
- Superior Court granted Farrand a partial summary judgment for acts outside the three-year limit, applying a singular-act reading of § 2902.
- This Court granted review on report to decide whether continuing negligent treatment is cognizable under § 2902 when some acts occurred outside the limitations period.
- The Court vacated the partial summary judgment and remanded for further proceedings, allowing claims arising from pre-2004 acts if they contributed with within-period acts to proximate causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continuing negligent treatment is cognizable under § 2902 | Baker argues for a continuing course doctrine under the Health Security Act. | Farrand argues against recognizing continuing treatment, treating § 2902 as a strict repose. | Yes; Court recognizes continuing negligent treatment under § 2902. |
| How accrual works when multiple related acts proximately cause harm | Baker contends accrual can occur at last contributing act within the period. | Farrand contends accrual arises from each independent act or omission. | Accrual occurs on the date of the last act or omission contributing to proximate causation within a continuing course. |
| Timeliness of notice regarding acts outside the limitations period | Baker seeks to recover for pre-2004 acts that combined with later acts. | Farrand argues those pre-period acts are time-barred absent tolling or discovery. | Partial summary judgment vacated; remand to determine causation with pre-period acts. |
Key Cases Cited
- Dickey v. Vermette, 960 A.2d 1178 (Me. 2008) (discussed continuing negligent treatment and accrual concepts)
- Camps Newfound/Owatonna Corp. v. Town of Harrison, 705 A.2d 1109 (Me. 1998) (finality interests and judicial economy in negligence actions)
- Dasha v. Me. Med. Ctr., 665 A.2d 993 (Me. 1995) (statutory interpretation and tolling/discovery considerations in medical negligence)