Polito v. St. Joseph's Manor, Inc.

• Court: Superior Court of Maine
• Decided: January 16, 2018
• Docket: CUMcv-13-160
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION

NANCY POLITO, individually and 7 DOCKET NO. CV-13 160 REC'D CUMB CLERKS OF1 JAN 16 '18 F'Ml:59 as the Personal Representative of THE ESTATE OF ISABEL POLITO,

Plaintiff

V. ORDER

ST. JOSEPH'S MANOR, INC.,

Defendant

Before the court is defendant's motion to amend the panel findings dated August 23 ,

2017. Defendant requests that the court replace Dr. Thomas Rattan's notation of "NIA" with his

signature on question B. (Ex. A. attached to Def.'s Mot.) The panel findings were mailed to the

court and the attorneys by the panel chair with a cover letter dated September 19, 2017. (Ex. B.

attached to Def.'s Mot.)

Defendant argues Dr. Rattan's notation of "NIA" was a clerical mistake that must be

corrected. (Def.'s Mot. 2.) The court has been given only the written argument of counsel. Even

if additional materials had been presented, the deliberations and discussion of the panel and any

expert testimony are "privileged and confidential." 24 M.R.S. § 2857(2) (2017). The court may

not review the panel proceeding to determine whether Dr. Hattan made a clerical mistake. See

Estate of Nickerson v. Carter, 2014 ME 19, j 15, 86 A.3d 658.

The entry is

Date: January 16, 2018 cy Mills Justice, Superio