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Back to all postsMedical malpractice is a serious and often complex area of law. It is typically grouped with personal injury claims. A breach of the standard of care expected by a medical professional can be life altering. Each state has specific laws that guide the procedure for filing these claims. Understanding these claims and procedures in Montana is crucial for success.
What is Medical Malpractice?
The American Bar Association defined Medical Malpractice as negligence committed by a professional health care provider. Typically, it is when a medical professional fails to provide proper care, and it results in injury or harm. Medical professionals include doctors, nurses, dentists, etc.
Examples of malpractice include:
- Surgical errors.
- Birth injuries.
- Prescription errors.
- Anesthesia mistakes.
- Improper follow up care.
- Failure to obtain consent.
- Misdiagnosis.
For medical negligence claims to be successful, you must prove that the healthcare professional’s actions were negligent. You must also show that those actions were the direct cause of harm or injury.
Elements to Consider
In every medical malpractice claim, there are elements that need to be established.
- Duty of Care: The medical provider owed a duty of care to the patient. This is pretty straightforward seeing as every provider has an obligation to provide care according to accepted standards.
- Breach of Duty: Once the duty of care has been established, you must show that this duty was breached. Failure to abide by acceptable medical standards constitutes as a breach.
- Cause of Injury: You must prove that the professional’s breach of duty was the direct cause of the injury or harm you sustained. It is possible that a breach occurred but it resulted in no harm or injury.
- Damages: In addition to physical harm and injury you can also claim other types of damages. This includes, but is not limited to, medical bills, lost wages, and pain and suffering.
Statute of Limitations
In Montana, the statute of limitations for a medical malpractice claim can depend on when you became aware of the injury. Montana Code provides for multiple calculations depending on the circumstances.
- Two years from the date of injury.
- Two years after the injured party discovers or should have discovered the injury.
However, the statute provides that no claim may be filed 5 years after the date of injury. This is regardless of when the injury was discovered.
In some cases, the time limit may be put on hold or “tolled”. If the healthcare provider knew or reasonably should have known that malpractice was committed but failed to disclose it to the patient, the statute of limitations may be tolled.
Montana also has specific time limits for the statute of limitations in an action regarding the death of or injury to a minor under the age of 4.
We have found that most people are hesitant to bring a claim against their healthcare provider(s). Commonly, they wait too long to consult with an attorney and their claim is barred by the statute of limitations.
Pursuing a Medical Malpractice Claim
Pursuing a medical negligence claim can be very daunting and stressful. These claims are heavily reliant on medical evidence and expert witnesses. It is important you consult with an experienced attorney who can help you through this process. Medical malpractice claims differ from most other personal injury claims because they must be brought to the Montana Medical Legal Panel (MMLP) before a lawsuit can be filed. Only after the MMLP process is completed can you move forward and file a lawsuit regardless of the outcome received at MMLP.
Montana Medical Malpractice claims can be very complex. They commonly require careful consideration before pursuing them. Having an attorney by your side to guide you through this process will make it much less stressful. If you believe you have been a victim of medical malpractice, seek legal counsel as soon as possible.
Contact Rasmusson Law Offices, PLLC today at 406-549-3323 for a free consultation.