Helena Medical Negligence Lawyer
Medical malpractice refers to cases in which a patient is harmed by a medical professional or medical entity’s negligence. Medical practitioners are responsible for providing their patients with reasonable care based on professional standards. Unfortunately, patients may be injured when healthcare providers fail to meet their standard of care either because of oversight, carelessness, or forgetfulness. A patient who is harmed because of the negligence of a healthcare provider may be eligible for monetary compensation through a medical malpractice claim.
Who Is Liable for Medical Malpractice?
The healthcare professional that was responsible for providing the care to the patient, fails to meet the standard of care, and injures the patient, may be liable for the harm. This may be a healthcare provider or a medical facility. Numerous types of medical practitioners may be held liable in a medical malpractice case, including:
Surgeons
Physicians
Physician Assistants
Nurses
Laboratory technologists
Hospitals
Clinics
Medical Assistance Facilities
Dentists
Chiropractors
Physical therapists
While they are not healthcare providers and are not subject to medical malpractice suits, legal actions seeking compensation for medical injuries may also be maintained against:
Pharmacies
Medical device manufacturers
Pharmaceutical companies
Common Incidents of Medical Malpractice
Medical malpractice claims cover a broad legal area that encompasses many different incidents that constitute medical malpractice. Some of the most common incidents of medical malpractice include:
Failure to diagnose
Misdiagnosis
Birth and delivery errors
Prescription drug errors
Misreading x-rays, MRIs, CT scans, or other diagnostic tests
Incorrect lap reports
Anesthesia mistakes
Surgical errors
Delayed treatment
Failure to perform a necessary medical procedure
Triggering drug allergies
Failure to warn the patient of known risks
Prematurely discharging a patient
The results of any of these errors or any other medical negligence can have dire consequences for patients. Healthcare providers hold the patient’s health and life in their hands, meaning that a the provider’s actions or inactions can quickly and permanently change the life of their patients for better or for worse.
For these reasons, it is important that medical practitioners comply with the standards of care in their profession. If you’ve been injured or harmed by a healthcare provider, you may be entitled to financial compensation. Work with an experienced Montana medical malpractice lawyer to protect your rights and your best interests throughout the legal process.
How to File a Medical Malpractice Case in Montana
In Montana, you are usually required to have your claim reviewed by the Montana Medical Legal Panel (MMLP) before you can file a medical negligence case in court (§ 27-6-101, MCA, et seq.). Having your case reviewed by the Montana Medical Legal Panel means that your case will be heard before a confidential panel of lawyers and judges before it goes to court. The Montana Medical Legal Panel holds a hearing and, after the hearing, decides whether they believe there is sufficient evidence that the patient’s injury was caused by medical negligence. The result of the panel is non-binding.
When filing a claim with the Montana Medical Legal Panel, the harmed patient must include the following information:
A reasonably detailed statement describing the medical professional’s conduct
The date on which the conduct occurred
The name and addresses of all known witnesses
A statement authorizing the MMLP to obtain access to all medical records and information pertaining to the claim
To establish that medical malpractice occurred, you will need to prove the following two elements:
Your healthcare provider failed to exercise the degree of care and skill expected of a reasonably competent medical practitioner acting in the same or similar community in the U.S
That the healthcare provider’s failure was the proximate cause of your injury
During a medical malpractice case, the main focus of the lawsuit will be on what the healthcare provider should have done in a specific set of circumstances to prevent the harm that occurred.
Damages in a Montana Medical Malpractice Case
Montana has laws that limit the amount of money an injured person can recover in medical negligence cases for non-economic damages such as pain and suffering. Under current law, all plaintiffs (including the patient and all their family members) can recover no more than $250,000 in total for that type of harm. However, this limitation on non-economic damages does not apply to economic damages such as medical bills and lost earnings.
Understanding the Statute of Limitation for Medical Malpractice Cases in Montana
The legislature has enacted special time regulations that govern medical negligence cases that are stricter than regulations that apply to general negligence cases. Under Montana law (§ 27-2-205, MCA), you have two years to take action after the initial injury or two years after you discover or should have discovered an injury due to possible medical negligence. However, you cannot take action more than five years after the injury was sustained or found.
Additionally, there is also a particular statute of limitations for children injured when they were under the age of four. In those cases, the statute of limitations begins to run when the child reaches their eighth birthday or passes away, whichever occurs first. Ordinarily, the statute of limitations period does not run until the person reaches their eighteenth birthday, but the legislature (sadly) created stricter time limits for medical negligence that harms children.
Contact an Experienced Montana Medical Malpractice Lawyer at Morrison Sherwood Wilson Deola
Montana law has many regulations and limitations that apply to medical malpractice claims, from a cap on damages to strict time frames. At Morrison Sherwood Wilson Deola, we have the knowledge, expertise, and resources to make sure your claim is filed correctly and on time, meeting all the Montana medical malpractice law requirements.
Schedule a consultation to speak with one of our attorneys at (406) 442-3261 or fill out our contact form.