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Back to all postsAll medical malpractice claims in Montana are required to go before the Montana Medical Legal Panel (MMLP). This panel consist of several attorneys and several physicians, dentists, podiatrists, and/or hospital or clinical administrators who have experience in specialties related to the medical malpractice claim. Once a claim has been brought before the panel they will provide their opinion on two things. 1) whether the standard of care was followed and 2) if the patient was harmed. The panel’s decision is confidential. Once this hearing has been completed, you are then allowed to file a claim with the Court. See our previous blog post for more information on medical malpractice claims.
The Montana Medical Legal Panel releases an annual report on claims filed per year regarding medical malpractice. These are claims against not just physicians, but also hospitals, dentists, and more. In this year’s report, statistics range from the year 2014 to 2024, one whole decade of data.
Claims Filed & the Stages of Claims
From 2014 to 2024, 2,361 total claims were filed against Montana Health Care Providers, an average of 215/year. The MMLP defines “Montana Health Care Provider” as physicians, podiatrists, dentists, facilities, and hospitals. Very few of these claims ever proceed to a jury trial. The one’s that do, usually end up in favor of the provider. According to the report, the last time a medical malpractice claim ended in a jury trial was in 2018. Only 0.13% of the 2,361 claims from 2014-2024 made it to jury trial and all ended in favor of the provider.
In 2024, there were 218 claims filed. Of those, 14 claims were settled, abandoned or dismissed without a panel hearing. Next, 82 proceeded to a panel hearing. There are currently no claims listed in any category further than a panel hearing. The remaining 122 claims may still be pending. The MMLP provides that “It takes approximately five years from a starting point until the rate of malpractice claims “mature” or are fully reported from an incident year given that Montana has a “discovery” statute of limitations.” This means that the remaining claims could still end up at a jury trial but are currently still being prepared.
Provider Specifics
The MMLP report also provides specific information by type of provider. This includes physicians, hospitals, facilities, dentists, and podiatrists. The report does not provide a list of specific providers. However, it can help provide a better understanding of where most claims that arise occur.
Clearly, physicians and hospitals face the most claims. Out of the total claims filed 57.6% or 1,361 are against physicians while 32.4% or 764 are against hospitals. The remaining claims consist of 130 against facilities, 74 against dentists, and 32 against podiatrists.
It is important to note that chiropractic physicians are not included in this report. Claims against chiropractic physicians are brought before the Montana Chiropractic Legal Panel.
The Struggles of a Medical Malpractice Claim
The data clearly shows that medical malpractice claims are a very tough fight for the plaintiff. It is the plaintiff’s responsibility to prove that the provider breached the standard of care. Typically, this is one of the more difficult aspects to prove. The plaintiff must also show that they suffered harm because of that breach of care. Due to the precautions that providers take and the forms patients are required to sign, these cases become very difficult.
The Bright Side
The data clearly shows that the vast majority of Medical Malpractice claims never make it to trial. While this sounds negative, it can be a good thing for the plaintiff. Trials of any kind tend to be very expensive. Between attorney’s fees and costs, expert witnesses, travel expenses, etc. the final cost total can be pretty large. Typically, this amount comes out of your final award. However, settling a claim prior to trial, either informally or with a mediator, can cut down on these expenses.
Medical Malpractice claims are special because they essentially require an expert witness to testify for a claim to progress. These experts tend to have high hourly rates and usually need to travel to testify. These fees alone are a lot of money. Additionally, trial preparation for an attorney takes a lot of time and a lot of supplies. Depending on the attorney, you may have to pay the hourly fee or, like our office, a contingency fee.
In summary, medical malpractice claims can be very tricky to pursue. Between the plaintiff’s burden of proof and the expenses associated with these claims it can be a long battle. As the MMLP 2024 report shows, most claims never make it to trial. However, this does not mean it isn’t possible. It also doesn’t mean that plaintiff’s get nothing. Most claims just tend to settle earlier in the process.
Contact our office at 406-549-3323 if you or your loved one may have suffered from medical malpractice.