2020 Maine Revised Statutes
TITLE 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 6: BIRTHS, MARRIAGES AND DEATHS
Chapter 711: MEDICAL EXAMINER ACT
22 §3033. Limitation on liability of certain persons appointed or retained

§3033. Limitation on liability of certain persons appointed or retained

1.  Additional immunities.  In addition to all existing tort immunities enumerated in the Maine Tort Claims Act:  

A. A medical examiner may not be held liable for damages for any injury or damage that results from the exercise and discharge of any of the medical examiner's official duties, unless it can be shown that the injury or damage resulted from gross negligence on the part of the medical examiner;   [PL 2001, c. 222, §12 (NEW).]

B. A pathologist performing an autopsy at the request of a medical examiner or the Chief Medical Examiner may not be held liable for damages for any injury or damage that results from the performance of the autopsy unless it can be shown that the injury or damage resulted from the gross negligence of the pathologist;   [PL 2013, c. 113, §11 (AMD).]

C. A professional consultant, who at the request of a medical examiner or the Chief Medical Examiner conducts an examination and renders a report, may not be held liable for damages for any injury or damage that results from the performance of the examination unless it can be shown that the injury or damage resulted from the gross negligence of the consultant; and   [PL 2013, c. 113, §11 (AMD).]

D. A medicolegal death investigator may not be held liable for damages for any injury or damage that results from the exercise and discharge of any of the medicolegal death investigator's official duties unless it can be shown that the injury or damage resulted from gross negligence on the part of the medicolegal death investigator.   [PL 2013, c. 113, §12 (NEW).]

[PL 2013, c. 113, §§11, 12 (AMD).]

SECTION HISTORY

PL 1977, c. 59, §4 (NEW). PL 1979, c. 538, §10 (AMD). PL 2001, c. 222, §12 (RPR). PL 2013, c. 113, §§11, 12 (AMD).