Montana Medical Malpractice Lawyer
Medical providers are required to provide their patients with healthcare services that meet the required standard of care. Providers who fail to meet this standard can seriously put patients who are already injured in even greater harm. These negligent providers must be held accountable for their actions and the financial and physical risk of harm they have placed their patients in.
The Montana legislatures have allowed for medical malpractice claims to be filed in court to hold bad and careless providers accountable and discourage future behavior that is similar. At Beck, Amsden & Staples, our Montana medical malpractice lawyers will give you the best representation possible. We will make sure no insurance company tries to back you into a corner. Call our Montana medical malpractice attorneys today for a free consultation.
What are Examples of Medical Malpractice?
Medical malpractice is a broad claim that can cover various types of medical diagnoses and procedures. Some common examples include:
- Failing to diagnose or misdiagnosing a disease
- Surgical mistakes or medically unnecessary surgeries
- Incorrect prescription types or doses
- Failing to correctly account for patient history
- Failing to order medically required tests
Who are the Liable Parties in Medical Malpractice Claims?
The attending physician for the patient is typically the provider who is listed as the defendant for a medical malpractice claim, along with the covering hospital or healthcare system. Some possible providers who may be listed on the claim include:
- Physicians
- Registered Nurses
- Hospital Administrators
- Surgeons
- Laboratory Technologists
- Pharmacists
- Hospitals
- Medical Professional Corporations
States will vary in how broad a scope the legislature designs. In Montana, nursing homes can also be liable for medical malpractice. Any negligence or abuse towards the elders in a nursing home can merit a lawsuit.
The Doctrine of Comparative Fault
Comparative fault is the system that allows for a plaintiff to still recover, even if they were potentially at fault in the cause of the injury. The doctrine of comparative fault places the responsibility on the jury or judge to determine how much fault each party had in the injury. If the victim is responsible for less than fifty percent (50%) of the cause of the injury, then the plaintiff can still recover.
Compensation for Medical Malpractice Claims in Montana
States have specific laws that outline what a victim can recover in a medical malpractice claim. The two categories that plaintiffs should be aware of are compensatory damages and punitive damages.
Compensatory damages can be broken down into two main buckets. The primary groups of recoverable damages are economic and non-economic damages. Economic damages include measurable monetary figures such as medical fees, therapy, and lost wages. Non-economic damages include pain and suffering, future wage loss, and future medical fees.
Some state legislatures place statutory “caps” to prevent plaintiffs from continually suing defendants for large amounts that could put them at financial risk. According to Montana Code §25-9-411, recovery of non-economic damages is capped at $250,000.
Punitive damages are a category of damages that are designed to punish the defendant and deter future providers from acting in the same manner. The jury awards punitive damages and the amount is not capped.
This can be overwhelming, so contact our expert Montana medical malpractice lawyers to feel safe about your compensation.
Montana Legal Panel
Most cases are required to go to a medical panel known as the Montana Medical Legal Panel before they can be brought to court. Courts often will implement this type of pre-filing requirement to prevent plaintiffs from filing claims with no basis. Medical Legal Panel hearings should thus be treated with the same seriousness and demeanor as going to court, as their outcomes can play a large part in gathering leverage for settlement.
Statute of Limitations
The statute of limitations refers to the amount of time an injured plaintiff has to file a suit. Statute of Limitations will vary depending on the type of claim and the state in which the claim is filed. In Montana, a victim of a medical malpractice claim only has two (2) years from the date of the alleged medical malpractice or from the time the injury was discovered to file a claim. However, if the patient learned about the malpractice five (5) years after it happened, they are also barred from submitting a claim.
Contact our Montana Medical Malpractice Lawyer today
Medical malpractice claims get a lot of bad coverage due to frivolous plaintiffs. The reality, though, is that there are negligent providers who fail to exhibit the professionalism expected from a trained medical provider. These providers and their supervising employers must be held accountable for the actions their negligence has on vulnerable victims. At Beck, Amsden & Staples, our Montana medical malpractice attorneys will fight to get you the justice you deserve. Our experienced lawyers will not back down. Call us today for your free consultation.