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 Montana personal injury law and civil litigation.
- 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.
Challenging Montana’s Cap on Medical Malpractice Damages
Over the past 15 years, 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. The Supreme Courts of Georgia 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 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.
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
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.