It was while researching medical malpractice statutes several months ago that I came (excuse the pun) upon the Superior Court case Pease v. Kester, M.D. (2005). A convicted rapist got a penile prosthesis implant (allowing him to get an erection on demand) at some point after his release from prison. Quoting from the Kennebec County Superior Court decision: "Medicaid authorized reimbursement for this procedure..." The man then raped another woman, and when she tried to sue the doctor who performed the surgery, the doc hid behind provisions of the Maine Health Security Act which make it nearly impossible for victims of medical malpractice to ever get to trial. Justice Don Marden dismissed Pease's case soon after he ruled against us in PJM Builders Inc. v. Maine-Wide Construction, in December of 2004. The Maine Supreme Court affirmed Marden's decision in both of these cases. Click below to read the Maine Supreme Court decisions. Both were memorandums; a memorandum of decision is basically a decision with little or no explanation. Memorandums rely on the reasoning in other, reportedly similar, cases.
Pease v. Kester (2006)
PJM Builders Inc. v. Maine-Wide Construction (2005)Pease v. Kester (2006)
Judge Marden also ruled in Dennis Dechaine's motion for post-conviction review, denying it in 1999.
After changes to the law were made which make it easier for Dennis to be exonerated - after all, no evidence of his guilt exists - Dennis' lawyer asked for a new trial. That was over a year ago. I haven't heard that one was scheduled; have you?
