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.
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.
Call a Medical Malpractice Attorney in Montana
Medical malpractices can be challenging and have a strict burden of proof, so many victims don’t even pursue justice.
If you want a successful medical malpractice claim, you have to show that the medical practitioner had a duty of care that they violated. You also need to show that you suffered an injury because the medical professional failed to administer the right care. No one is more equipped to prove negligence than one of our medical malpractice lawyers in Montana.
USAttorneys recommends you speak with lawyer if you are injured my any of the following medical professionals:
Medical malpractice occurs for a long list of reasons, and you need to pinpoint the reason for negligence to ensure your case is successful.
Common causes of medical malpractice include:
Alcohol or Drug Consumption
Fatigue or Sleepiness
At USAttorneys, we feature accredited lawyers who are members of the State Bar of Montana. We can connect you with a medical malpractice lawyer near your location who will take over your case and do whatever they can to provide you with a winning medical negligence claim.