Michaud v. Northern Maine Medical Center

436 A.2d 398, 1981 Me. LEXIS 994
CourtSupreme Judicial Court of Maine
DecidedNovember 2, 1981
StatusPublished
Cited by34 cases

This text of 436 A.2d 398 (Michaud v. Northern Maine Medical Center) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michaud v. Northern Maine Medical Center, 436 A.2d 398, 1981 Me. LEXIS 994 (Me. 1981).

Opinions

McKUSICK, Chief Justice.

Plaintiffs, the surviving husband and children of the late Ida Mae Michaud, appeal from the Superior Court’s dismissal of their personal injury and wrongful death action against defendant, Northern Maine Medical Center (hereafter referred to as the “hospital”). The litigation arose from treatment of Mrs. Michaud at the hospital between April and September, 1977, and from her death there on September 26 of that year. The Superior Court (Aroostook County) dismissed the action with prejudice on the grounds that plaintiffs had failed to comply with 24 M.R.S.A. § 2903 (Supp. 1980),1 which requires written notice of claim to be served on the prospective defendant 90 days before commencement of a medical malpractice action, and that the applicable two-year statute of limitations had run. We sustain the appeal.

I.

The first question presented on appeal is whether 24 M.R.S.A. § 2903 applies to causes of action that accrued prior to that statute’s effective date.

Plaintiffs filed their complaint on September 21, 1979. Previously, plaintiffs’ attorney had sent the hospital’s executive director a letter dated October 17, 1978, setting forth the cause of action and purporting to give the notice required by section 2903. Here, as before the Superior Court, plaintiffs conceded that the purported notice did not meet the requirements of section 2903 because it was not signed “under oath,” see Paradis v. Webber Hospital, Me., 409 A.2d 672 (1979). At reargument, plaintiffs’ counsel informed us that they have now served defendant hospital with a properly sworn notice. Of course, since it was not sent 90 days prior to commencement of the action, this new notice also does not comply with the exact requirements of section 2903 and therefore does not cure the original defect, though it may be a factor to be considered in choosing the appropriate sanction.

[400]*400Plaintiffs argue, however, that section 2903 should not apply to their causes of action because that statute did not take effect until October 24, 1977, nearly a month after Mrs. Michaud’s death on September 26, the latest date on which plaintiffs’ causes of action could have accrued.2 We agree with the Superior Court’s ruling that the notice provision of section 2903, being procedural in nature, must be complied with in the commencement of any malpractice action after its effective date.

The scope of application of an amended or newly enacted statute is a matter of the legislature’s intent, and Miller v. Fallon, 134 Me. 145, 148, 183 A. 416, 417 (1936), is regularly cited for the proposition that a statutory change will be given only “prospective” operation “unless the legislative intent to the contrary is clearly expressed or necessarily implied from the language used.” It is sometimes said that a rule of statutory construction disfavors retroactive application. See, e. g., Coates v. Maine Employment Security Comm’n, Me., 406 A.2d 94, 97 (1979). However that may be, no such rule of construction comes into play when the enactment changes only the procedure governing litigation of claims, including even those already in existence when the legislation takes effect. To apply the new statute to only the procedure to be followed in future litigation on even preexisting claims is not seen as a retrospective application of the statute. Dobson v. Quinn Freight Lines, Inc., Me., 415 A.2d 814, 816 (1980).

In a long line of cases, involving a variety of fact patterns, this court has construed statutory amendments to be applicable to causes of action arising before the amendments’ effective dates where the changes related to procedure or remedy, and did not alter substantive rights. See Merrill v. Eastland Woolen Mills, Inc., Me., 430 A.2d 557, 560-61 (1981) (amendment designating the Workers’ Compensation Commission as the proper body to hear and determine actions to set aside workers’ compensation lump-sum settlement agreements applicable in the case of an injury sustained prior to the amendment); Dobson v. Quinn Freight Lines, Inc., supra (amendment extending the limitation period for commencement of certain supplemental workers’ compensation proceedings held applicable to cause of action accruing before amendment’s effective date); Hawke v. Hawke, Me., 395 A.2d 449 (1978) (amendment eliminating the requirement that both parties attend at least one marriage counselling session prior to obtaining divorce on ground of irreconcilable differences applicable to cause of action that accrued prior to effective date of amendment); Batchelder v. Tweedie, Me., 294 A.2d 443 (1972) (amendment of statute prescribing manner of interest assessment in civil litigation held applicable to cause of action that accrued pri- or to the amendment’s effective date); Thut v. Grant, Me., 281 A.2d 1 (1971) (promulgation of new rules governing procedure in filiation action held applicable to cause of action accruing prior to effective date of revision). In the case at bar, the requirement that a medical malpractice plaintiff give notice of his claim 90 days before filing his complaint “represent[s] merely a legislatively mandated procedural device that manifest[s] the State’s interest” in providing a settling-out period for malpractice claims. Cf. Hawke v. Hawke, supra at 451. A party acquired no vested interest in either the presence or the absence of a particular procedure. See id. Absent any contrary legislative intent, we read the procedural requirements of section 2903 to apply to plaintiffs’ later suit upon their preexisting causes of action.

Plaintiffs, however, contend that the contrary result is required by Langley v. Home Indemnity Co., Me., 272 A.2d 740, 746-47 (1971), in which this court, in the wake of the enactment of a statute requiring motor vehicle liability insurers to provide policy protection against uninsured motorists, re[401]*401fused to reach such a provision into an automobile liability insurance policy that was written prior to the effective date of the new law. We disagree. In Langley, this court construed the “uninsured motorist” statute as “a legislative statement of a new policy, a radical change in the existing law,” see Batchelder v. Tweedie, supra, at 445. This court refused to interpret the passage by the legislature of the “uninsured motorist” statute as automatically writing “uninsured motorist” coverage into every then-existing automobile liability insurance policy, because to do so would have been to read that statute as “purport[ing] to determine the legal significance of acts or events that ... occurred prior to the statute’s effective date,” Dobson v. Quinn Freight Lines, Inc., supra at 816, quoting State Comm’n on Human Relations v. Amecon Division, 278 Md. 120, 123, 360 A.2d 1

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Bluebook (online)
436 A.2d 398, 1981 Me. LEXIS 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michaud-v-northern-maine-medical-center-me-1981.