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How do I prove medical malpractice in Montana?

Whether you are the victim of a negligent misdiagnosis, surgical error or medication mistake, you have encountered medical malpractice. It is a difficult situation to be in, as you are likely experiencing physical discomfort, emotional distress and financial woes.

Fortunately, you do have legal recourse, as you can file a lawsuit seeking compensation for the damages you have incurred. Those damages can include items such as past and future medical bills as well as time missed from work. When it comes to non-economic damages, such as pain and suffering, the law states that the most you can receive is $250,000.

In order to secure compensation, you must be able to prove the following: 

  •        Duty of care: You will have to demonstrate that the medical professional or facility had a duty of care to provide you with treatment.
  •        Negligence: You must show that the defendant strayed from that duty of care.
  •        Causation: You will have to prove that the negligence directly caused your injuries.
  •        Injuries: You should be able to clearly outline what your injuries are.

For several of these items, you will need to call an expert to testify. This expert – typically another medical professional – can attest to the standard of care that should have been provided. That testimony should also clearly show how the defendant failed to meet the standard.

According to the Montana statute of limitations, you must file a medical malpractice lawsuit within three years of the date or the injury or from when you discover it. In nearly all cases, the law does not permit for anyone to file a lawsuit after five years from the date of the injury.

While this information may be useful, it should not be taken as legal advice.

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