Ask a Montana Personal Injury Attorney: Medical Malpractice

By Anders Blewett

Medical malpractice cases can be 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. Given this, a skilled Montana personal injury attorney is essential to pursuing a medical malpractice suit. In order to overcome the potential pitfalls along the way, it’s important to know as much as you can about medical malpractice: what is medical malpractice, what is the statute of limitations, what limits are imposed on malpractice damages, and how a malpractice lawyer can benefit you.

What Is Medical Malpractice

Medical malpractice, also referred to as medical negligence, occurs when a health care provider violates the standard of care when providing treatment to a patient causing the patient to suffer an injury. This can be the result of an action taken by the health care provider, or by the failure to take appropriate medical action. Common examples of medical malpractice include:

  • Misdiagnosis of, or failure to diagnose, a disease or medical condition
  • Failure to provide appropriate treatment for a medical condition
  • Unreasonable delay in treating a diagnosed medical condition

Medical malpractice actions can be brought by the injured patient against any responsible provider of healthcare services.

Statute of Limitations

The statute of limitations for Medical malpractice actions is set forth in M.C.A. 27–2–205.

Limits on Malpractice Damages

Although statutory laws impose a cap of $250,000 on noneconomic damages in Montana, medical malpractice insurance companies have avoided a direct constitutional challenge of Montana’s medical malpractice damage statute by patients who have been injured by acts of medical negligence. The Supreme Courts of Georgia, Florida, and Illinois recently 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 personal injury lawyers at Hoyt & Blewett are fully prepared to challenge the constitutionality of the legislative cap imposed on non-economic damages in the appropriate Montana medical malpractice case.

Why Use a Malpractice Lawyer

Medical malpractice lawsuits can be exceptionally expensive to pursue. Medical malpractice law is a highly technical field and it is critical that attorneys have the trial experience and firm resources necessary to prosecute these claims. Given the high cost and complexity of pursuing malpractice lawsuits, an injured patient is well served by speaking to an experienced Montana personal injury attorney.

At Hoyt & Blewett PLLC our personal injury attorneys have handled a wide range of medical malpractice claims and we are fully prepared to 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

Hoyt & Blewett PLLC has a proven record of success in representing victims of medical malpractice and obtained one of the largest medical malpractice verdicts in the history of the state of Montana.  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.

Despite the significant challenges inherent in Montana medical negligence cases, our Montana personal injury attorneys have utilized their civil trial experience and firm resources to successfully represent numerous patients who have been injured by acts of medical negligence.

Get the Representation you Deserve

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