Great Falls, 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.
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:
- Nursing homes
- Medical device manufacturers
- Pharmaceutical companies
How Do You Prove Medical Malpractice?
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
- Descriptions of the patient’s condition
- Treatment information
- Communication with doctors
- Financial documents
What is the Medical Malpractice Statute of Limitations in Montana?
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 3 years after the date of injury or after the discovery of an injury and its relation to medical treatment
- Claims cannot be filed after 5 years following the date of injury
- For medical malpractice victims under the age of 4, the 3-year statute of limitations begins after the victim turns 8 or passes away
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 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.
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.
The Montana law firm Hoyt & Blewett PLLC and our personal injury attorneys abide by the highest legal and professional standards in our work for our clients. If you are confronted with an unfortunate and traumatic personal injury or wrongful death, you will want to be able to depend on your attorney to provide the most thorough respect and attention to your case.
From their office in Great Falls, Hoyt & Blewett PLLC serves injured clients throughout Montana including Great Falls, Helena, Missoula, Billings, Kalispell, Bozeman, Butte, Anaconda, and Sidney.