Medical Malpractice

Montana Medical Malpractice Lawyers

What Qualifies as Medical Malpractice?

Medical malpractice is a legal term that defines cases in which a patient is harmed by the negligence of a doctor, nurse, or other healthcare professional or entity. These parties have a responsibility to provide their patients with the best care they possibly can.

When the responsible parties fail to do this — either because of oversight, forgetfulness, or carelessness — patients can be injured. A patient who is harmed because of the negligence of a medical care provider could be liable for compensation through a medical malpractice claim.

Call the Montana medical negligence lawyers at Hoyt & Blewett PLLC at (406) 233-1302 or contact us online to schedule your free consultation.

Types of Medical Malpractice Claims We Handle

Our Montana medical malpractice lawyers have handled a wide range of medical malpractice claims and we are fully prepared take your case to trial.

We handle complex medical malpractice cases involving:

Birth injuries
Failure to diagnose
Ob-gyn errors
Surgical errors
Failed medical equipment or surgical products
Defective drugs

Who Is Liable for Medical Malpractice?

In most medical malpractice cases, the treating physician is primarily liable for the injured patient’s damages. It is their responsibility to treat their patients properly and promptly.

The hospital or other medical facility where the patient was treated could share liability in a medical malpractice case if their practice contributed to the neglect of a patient.

For example, they could be at fault if they:

Hired an unqualified doctor
Understaffed their facility
Or did not provide their employees with the proper training and equipment

Third parties can potentially be liable in medical malpractice cases as well.

Parties which can be held liable in medical malpractice cases may include:

Doctors
Nurses
Hospitals
Nursing homes
Pharmacies
Medical device manufacturers
Pharmaceutical companies

How Do You Prove Medical Malpractice in Montana?

To exhibit that a person or entity’s negligence contributed to your or a loved one’s injuries, a plaintiff needs to show that the victim was not provided with proper treatment and was harmed as a result.

Medical malpractice cases also require evidence of the financial impact of the injury. The purpose of filing a claim is to recover compensation, so a plaintiff must show the resources they have lost because of the medical malpractice incident.

Evidence that is helpful in cases of medical malpractice includes records such as:

Medical bills
Photographs
Descriptions of the patient’s condition
Treatment information
Communication with doctors
Financial documents

How Long Do You Have to File A Malpractice Claim in MT?

Medical malpractice claims are subject to the mandated statute of limitations. A statute of limitations is the time limit in which a plaintiff must file a claim. These terms vary across states and could have different stipulations depending on the circumstances of a case.

In Montana, the medical malpractice statute of limitations includes the following terms:

A claim must be filed 2 years after the date of injury or after the discovery of an injury and its relation to medical treatment.
For medical malpractice victims under the age of 4, the 2-year statute of limitations begins after the victim turns 8 or passes away

What Is the Medical Malpractice Damages Cap in Montana?

Medical malpractice lawyers must fight an uphill battle in Montana. The Montana legislature has imposed a $250,000 cap on non-economic damages resulting from injuries caused by acts of medical negligence.

Additionally, it can be very expensive to bring medical malpractice cases in Montana because out-of-state medical experts are typically required to establish the standard of medical care and determine whether the patient’s injuries were caused by a violation of this medical standard.

Despite the significant challenges inherent in these negligence cases, our medical malpractice lawyers have utilized their vast civil trial skills and firm resources to successfully represent numerous patients who have been injured by acts of medical negligence and we have obtained one of the largest medical malpractice verdicts in Montana history.

One of Montana’s Largest Medical Malpractice Verdicts

Our success in representing victims of medical malpractice is predicated on our experience in Montana personal injury law and civil litigation.

For example:

In the case O’Leyar v. Callendar our firm obtained a $2 million verdict against a doctor who negligently performed a laser surgery resulting in permanent and debilitating scarring injuries to our client. This Great Falls medical malpractice lawsuit was affirmed by the Montana Supreme Court and remains one of the largest in the state.
In Lowry v. Phillips County Hospital Administration our firm obtained a $1,460.952.46 medical malpractice settlement in a case involving a hyponatremic patient who suffered Osmotic Demylination Syndrome after her sodium level was rapidly increased.

Challenging Montana’s Cap on Medical Malpractice Damages

Over the course of more than two decades, medical malpractice insurance companies have avoided a direct constitutional challenge to Montana’s damage cap by patients who have been injured by acts of medical negligence in front of the Montana Supreme Court. In recent years, the Supreme Courts of Georgia, Florida and Illinois have struck down caps limiting the recovery of medical malpractice victims based on provisions contained in their state constitutions.

Hoyt & Blewett PLLC lawyer Anders Blewett published an article in the Montana Law Review which assesses the constitutionality of Montana’s damage cap on medical malpractice claims and highlights its vulnerability to a constitutional challenge. The medical malpractice lawyers at Hoyt & Blewett PLLC are fully prepared to challenge the constitutionality of the legislative cap imposed on non-economic damages in the appropriate Montana medical malpractice case.

Get the Representation You Deserve

If you or someone you know has suffered serious injury or death due to the malpractice of a hospital, surgeon, physician, nurse, pharmacist or other medical professional, please contact our Montana personal injury law firm for a free evaluation of your medical malpractice claim.

After a careful screening process, if our firm accepts your medical negligence case, we will utilize our vast experience in Montana courtrooms to maximize recovery for your injuries. We handle all medical malpractice cases on a contingency basis, meaning there will be no fee or costs to you unless you receive compensation.