Tick-Borne Illness Misdiagnosis on the Rise in Maine: Medical Malpractice Lawsuits Possible

Portland, ME – As Maine grapples with a surge in tick-borne diseases—especially Lyme—the risk posed by misdiagnosis is becoming a serious legal and health concern. With more than 3,218 Lyme disease cases reported in 2024, the state is dealing with its highest incidence ever. This trend not only strains public health resources but also increases the likelihood of medical missteps—from delayed diagnoses to misinterpretation of symptoms—that can lead to serious legal liability.

Lyme disease has been endemic in Maine since the mid-1980s, but the growth has accelerated. Incidence rates have soared from approximately 106 per 100,000 people in 2014 to over 228 per 100,000 in 2024. In 2023 alone, Maine recorded 2,943 probable cases—up 11% from 2022—with an especially high concentration in Midcoast and Downeast counties. Alongside Lyme, cases of anaplasmosis and babesiosis are also increasing, reinforcing the urgency around diagnosis and treatment.

Lyme disease often presents like the flu—fever, headache, muscle aches, fatigue—and sometimes includes the classic “bull’s-eye” rash, but not always. These symptoms are frequently mistaken for viral infections. The Maine CDC emphasizes the importance of quick detection, warning that delayed treatment may result in long-term neurological, cardiac, or joint complications.

Moreover, diagnostic tests—including the standard two-tiered blood test—can miss early infections. False negatives occur in up to 36% of early Lyme cases. This means test results may show negative, even when the infection is spreading.

A landmark verdict in February 2023 highlighted the deadly consequences of misdiagnosis. Twenty-five-year-old Peter (Pete) Smith from Portland visited Northern Light Mercy Hospital twice in June 2017 with classic Lyme symptoms—rash, fever, chills, dizziness—but was repeatedly diagnosed with a “viral illness”. He suffered Lyme carditis and died eight days after the correct diagnosis. A Cumberland County jury awarded his family $6.5 million in a wrongful death lawsuit.

Lyme carditis, affecting roughly 1% of Lyme patients, can interrupt the heart’s electrical system and quickly become fatal if untreated. In Smith’s case, physicians missed a “slightly target‑shaped” rash and failed to empathize its connection to Lyme, despite his symptoms. The jury found this negligence to be outside the standard of care.

Failing to consider Lyme disease isn’t automatically malpractice. To justify a lawsuit, there must be clear medical negligence where:

1. A physician fails to conduct a reasonable assessment (e.g. ignoring Lyme risk in a patient with rash and flu‑like symptoms during tick season);
2. This negligence leads to a delayed or missed diagnosis;
3. The patient suffers worsened health—like chronic joint issues, neurological damage, or in rare cases, death—due to the delay.

Courts in Maine, including the Smith case, have awarded multi‑million dollar settlements when these elements are met.

1. Speak up early. If you’ve been in tick habitat—wooded areas, leaf litter, or tall grass—the risk is high.
2. Recognize early signs. Common symptoms include:
   • Expanding rash (though not always bulls‑eye)
   • Fever, headache, chills, fatigue
   • Joint or muscle pain
3. Ask the right questions. If tests return negative but symptoms persist, ask:
   • Could this still be Lyme?
   • Should we treat empirically given the risk?
   • Would follow-up tests or referral to an infectious diseases specialist help?
4. Document thoroughly. Keep notes on symptoms, doctors seen, tests performed, and diagnoses given—these will be vital if legal action becomes necessary.

Maine’s rising tick-borne illness rates mean more opportunity—and responsibility—for medical professionals to diagnose Lyme early. But when doctors don’t, patients may suffer long-term illness, permanent injury, or even death. If you or a loved one has suffered due to a delayed or missed Lyme diagnosis in Maine, you may have grounds for a medical malpractice claim.

At Peter Thompson & Associates, we offer confidential case reviews to determine whether your situation meets the criteria for negligence and to pursue justice and compensation. Contact us today at 1‑207-874-0909 for a free consultation.