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No one goes to the doctor or has a risky surgery because they want to feel worse, but sometimes that is what happens to patients. Each year thousands of patients are harmed because of medical malpractice or negligence, and they deserve compensation. If you want your case to be a success, you need to know the medical malpractice laws in Montana.
Like all states, Montana has laws that dictate how long a medical negligence victim has before they must file a claim, the standard of proof they must meet, and what steps they must take to show they have a valid claim.
Before a victim of medical malpractice can file a formal complaint, their case must be examined by the Montana Medical Legal Panel. The panel will examine the evidence and determine if the victim’s claim has merit and decide if there is sufficient evidence to show that the medical professional failed to follow the acceptable standard of care. The panel only decides if your case is allowed to proceed so any decisions they make cannot be admitted in court.
Victims of medical malpractice in Montana are not required to submit an Affidavit of Merit, nor are they required to present expert testimony.
You can contact the Montana Legal Panel at:
2021 Eleventh Ave, Suite 1
Helena, MT 59601
Medical Malpractice Statute of Limitations in Montana:
Three years from the date of the person’s injury or the date they discovered their injury, but a medical malpractice claim cannot be filed more than five years from when it occurred regardless of when the injury was discovered.
For children under the age of 4, the three-year and the five-year rule apply, but the clock on the statute of limitations doesn’t begin until they turn eight.
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