Types of Medical Malpractice Claims in Montana

Types of Medical Malpractice Claims in Montana

Medical malpractice claims in Montana are similar to personal injury claims in that there are deadlines by which an injured person needs to file a claim. Unfortunately, Medical malpractice is not always immediately apparent and thus victims of medical malpractice often times have their claims barred by Montana’s 2-year statute of limitations.

Medical Malpractice Deadlines

There are two types of medical malpractice deadlines:

  • Notice Requirements
  • Statute of Limitations

Notice requirements are shorter, only giving 180 days to file a claim. These notices are usually for medical practitioners employed by the government or in a government institution.

The statute of limitations on a medical malpractice claim in Montana is two years from the date of injury or 2 years from the date the malpractice was discovered or should have been discovered through the use of reasonable diligence. If the malpractice involves a minor, he/she has 2 years from the date of his/her 18thbirthday in which to file suit.

Identifying whether the notice requirements or statute of limitations best applies is not always evident. A Montana medical malpractice lawyer can investigate to determine the right course of action.

Medical Malpractice Types

Do you think you’re eligible to file a medical malpractice claim in Montana? Learn about the different types of medical malpractice and some of the most common conditions.

Birth Injuries

Birth injuries of any severity are frightening. As a parent, managing a child’s birth injury is a major source of emotional and mental distress. It is also a huge financial burden. A birth injury lawyer can help you get the help you need to pay for your child’s treatments and therapies.

Here are a few of the more common medical malpractice birth injuries:

  • Brachial Plexus Injury
  • Cephalohematoma
  • Cerebral Ischemia
  • Cerebral Palsy
  • Intellectual Disability
  • Spina Bifida
  • Wrongful Death (of mother or child)

Failure to Diagnose

Failure to diagnose is a form of medical negligence that can have serious consequences. A failed diagnosis can lead to disability, severe harm, or even death. The following are some of the most common conditions that fail to get diagnosed:

  • Cancer
  • Heart Attack
  • Premature Labor
  • Stroke


OBGYNS are the most frequently sued physicians. Obstetricians and gynecologists are relied on for important work. An error on their part can have a serious impact on your comfort and quality of life. Here are some of the most common reasons patients contact a medical malpractice lawyer to file suit against OBGYNS​:

  • Patient suffered an abnormal injury
  • Failure to diagnose
  • Failure to treat
  • Poor documentation of patient instruction and education
  • Improperly obtaining/lack of consent
  • Failure to follow safety procedures
  • Errors in medication administration

Surgical Errors

All surgeries come with a degree of risk. The patient assumes some of this risk when they provide informed consent. Informed consent does not cover the surgical error. A surgical error is the result of a preventable mistake. A medical malpractice surgical error lawyer can help you determine if your circumstances constitute a surgical error.

Here are some of the most common causes of surgical errors:

  • Drugs/Alcohol (Operating under the influence of)
  • Fatigue
  • Improper Work Process
  • Incompetence
  • Insufficient Planning
  • Neglect

These can result in some serious errors including operating on the wrong body part, or even the wrong patient.

Failed Medical Equipment or Failed Surgical Products

The advancements in modern medicine have resulted in dependence on technology for treatment, monitoring, and diagnosis. When medical equipment or surgical products fail it can result in serious complication or death. If you or a loved one has suffered a serious injury as a result of failed medical equipment, a medical malpractice lawyer can help you receive the compensation you deserve.

The following are some of the most common types of medical equipment failure:

  • Diagnostic Equipment Failure (ie. X-Ray and MRI)
  • Hardware or Software Issues
  • Incorrect Dosages
  • Monitoring Failure (ie. Pacemakers)
  • Resuscitation Failure (ie. Defibrillator)
  • Software Glitches

With some cases, such as failure to diagnose, it can be difficult to determine whether the medical equipment or medical practitioner is at fault. A medical malpractice lawyer will navigate this complication to ensure your claim is filed properly.

Defective Drugs

Used correctly, prescription medications can be literal lifesavers. However, misuse, unknown side effects, or misleading information can make them dangerous.

These are few of the types of defective drug claims:

  • Birth Defects – as a result of taking prescription drugs during pregnancy.
  • Drug Company Misconduct – withholding, falsifying, or misrepresenting information.
  • Unknown Side Effects – serious side effects that are not labeled.
  • Wrongful Death

Finding The Right Medical Malpractice Lawyer

Pursuing medical malpractice claims can be expensive and complicated. An experienced medical malpractice lawyer can help ensure that you are fully compensated for the injuries you suffer as a result of medical negligence. Contact Montana Medical Malpractice Attorneys for a free case consultation.

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