Bozeman Medical Malpractice Lawyer
Medical providers who do not take their responsibility seriously lean upon malpractice insurance to cover up their actions. However, these providers should still be held accountable for the actions they take, especially if they do not exhibit the proper care that typical practitioners would in the medical field.
A medical malpractice injury can be fatal for a patient who experiences more harm than the original injury itself. Negligent providers must be held accountable for their lack of care towards their patients. A medical procedure is a serious matter to begin with and so exacerbating injuries by the misdiagnosis or technique of a clinician can be near fatal.
At Beck, Amsden & Staples, our experienced personal injury attorneys do not shy away from the pomp and circumstance that a medical provider, insurance company, or hospital might threaten. We take our clients’ cases as the utmost priority and will not shy away from anything less than what you deserve. Our Bozeman medical malpractice attorneys will be there every step of the way to fight for your recovery. Call us today for your free consultation.
Who Can Be Held Responsible in a Medical Malpractice Claim?
In most cases, the physician or nurse directly treating the patient is held responsible for any injuries experienced while being taken care of. Additionally, other staff members and workers could potentially be held responsible for a malpractice claim. Other physicians on the care team, the direct and assisting surgeons, pharmacists, and laboratory technicians are some of the healthcare workers whose negligence could potentially lead to a claim. Additionally, corporate executives of home health homes, insurance companies, or hospitals could be found liable for the actions of their providers. When invoking this type of claim, the liability is known as the doctrine of vicarious liability, in which the employer pays for the fault of their employees. However, since most physicians are typically independent, the claims are often handled by the insurance company who the physician pays malpractice insurance.
The Doctrine of Modified Comparative Fault
In some states, any negligence on behalf of the patient could lead to the patient being ineligible to receive any recovery for any malpractice injuries. This is known as contributory negligence in those states. However, in Montana, the state legislature has established a system known as modified comparative fault. Under the doctrine of modified comparative fault, a plaintiff can still recover even if the patient’s action or behavior led to the injury occurring. In this system, the jury is responsible for determining the amount of fault each party has and allocating the amount of the verdict accordingly.
Types of Medical Malpractices
Some of the more common cases of medical malpractice include:
- Misdiagnosis
- Failing to identify an illness or injury based on the symptoms
- Recommending procedures that are not medically warranted
- Delaying medically warranted treatment
- Prescribing medications that lead to harm
- Improper delivery of an infant or child
- Failing to properly treat based on a patient’s medical history
Recovery of Damages in Medical Malpractice Cases
Damages from medical malpractice cases are characterized into two types of damages: economic and non-economic damages. Economic damages are discreetly identifiable financial losses. Economic damages include any physical damage and medical costs for care. Meanwhile, non-economic damages include damages for emotional and psychological stress, loss of enjoyment of life, and loss of consortium. In Bozeman, the Montana State Code governs the cap of economic damages. Per Montana Code, Section 25-9-411, non-economic damages are capped at $250,000. The jury determines the amount that a plaintiff may be awarded.
Statute of Limitations for Medical Malpractice Claims in Montana
The term statute of limitations refers to the time that a plaintiff has to bring a claim to court. The statute of limitations varies depending on the type of the claim and the state laws. In Montana, a medical malpractice claim must be filed within two years of the incident or two years after the harm was identified. A patient is unable to file a claim if they discover the malpractice injuries five years after the injury occurred.
Medical malpractice lawsuits also do not directly go to the courts. The state of Montana has a pre-suit requirement of taking a case to a Medical-Legal Panel before a case can be brought in court. The way the panel determines a course is a factor that may pressure the defendant into a hire settlement.
Contact our Bozeman Medical Malpractice Lawyers Today
Medical malpractice cases can be devastating. A person who already was suffering healthwise should not also have to be concerned about the legal proceedings of seeking justice, but negligent providers put injured patients in difficult financial, emotional, and physical states. At Beck, Amsden & Staples, our Bozeman medical malpractice lawyers will fight to get you the justice you deserve. Call us today for your free consultation.