What to Do (and What Not to Do) After a Medical Injury in Montana

Most people who have been through a serious medical experience are not thinking about filing a claim.

They are trying to recover. They are managing appointments, medications, and the practical reality of a life that has been disrupted. Some are still trying to understand what went wrong in the first place, and whether anyone will give them a straight answer about it.

The last thing on their mind is keeping receipts.

But the steps you take in the weeks and months after a medical injury can matter a great deal if you ever decide to pursue a claim. None of these steps require a decision about whether to file. They are about preserving your options while you are still figuring out what you want to do.

If you are still working out whether what happened to you may have involved negligence, our blog on Common Medical Errors in Montana: When a Mistake Becomes Medical Malpractice explains the most frequent patterns we see and how they are evaluated under Montana law.

What to Do

1. Make a Complete List of Every Healthcare Provider You Have Seen

Start by writing down every provider involved in your care, both before and after the injury. This includes your primary care physician, specialists, surgeons, physical therapists, chiropractors, counselors, and any emergency or urgent care facilities.

It is easy to forget providers seen briefly or years earlier. A complete list matters because your full medical history is relevant to your case, and gaps can create problems later.

• Include the provider’s name, practice or facility name, and approximate dates of treatment
• Include any telehealth consultations
• Include providers seen for related mental health or rehabilitation care

2. Obtain Your Full Medical Records From Every Provider

Request a complete copy of your medical records from every provider on your list. Do not rely on a summary or a discharge sheet. You are entitled to your full records under federal law, and providers are required to give them to you.

In a Montana medical malpractice case, your medical records are the foundation of everything that follows. Most facilities allow you to submit a written request directly to their medical records department. Some charge a small fee for copying. Records can take several weeks to arrive, so request them as early as possible.

• Ask specifically for all notes, imaging, lab results, operative reports, and billing records
• Keep every record you receive in a dedicated folder, physical or digital
• Save any text messages related to your care, appointments, or conversations with providers
• Save any messages sent or received through MyChart or other patient portal messaging systems

Pro Tip: When you receive your records, read through them carefully. If something does not match your recollection of what happened or what you were told, note it. Discrepancies in medical records are sometimes significant and worth flagging to an attorney.

3. Set Up a MyChart or Patient Portal Account for Each Facility

Many Montana hospitals and health systems offer online patient portals such as MyChart, which give you direct access to your medical records, test results, appointment notes, and care summaries. If a facility offers one, create an account and activate it as soon as possible.

Patient portals update in real time and can give you access to records before a formal written request is fulfilled. They also allow you to track ongoing care and flag any entries that do not reflect what actually occurred.

• Set up accounts at every facility that offers one, including hospitals, clinics, and specialist practices
• Download and save any records or results you can access directly
• Do not assume your portal account will remain accessible indefinitely if your care relationship with a facility ends

4. Take Photographs to Document the Injury and Its Progress

If your injury is visible, photograph it regularly to document changes over time, including improvement or deterioration, as well as any scarring, wounds, or other physical effects.

Photographs with accurate timestamps can be powerful evidence. Most smartphone cameras automatically record the date and time a photo was taken. Do not edit or filter photographs intended to document your injury.

• Take photographs on the same day or as close to the injury as possible
• Continue photographing at regular intervals throughout your recovery
• Store originals in a secure location and do not share them on social media

5. Keep All Healthcare Billing and Insurance Paperwork

Save every bill, explanation of benefits, insurance correspondence, and payment record related to your care. Medical billing can be complex, and the full financial picture of your treatment is directly relevant to the economic damages in a potential claim.

• Keep Explanation of Benefits (EOB) documents from your insurer for every claim
• Retain copies of any bills you have paid, whether by insurance, out of pocket, or a payment plan
• Keep records of any denied claims or coverage disputes

For a fuller picture of the financial impact a medical injury can have beyond the immediate bills, our guide to The Hidden Costs of Medical Malpractice: What Montana Victims Need to Know covers what many families overlook when thinking about what a claim could recover.

6. Track Travel Expenses for Out-of-Town Medical Treatment

If your injury requires you to travel for specialist care, surgery, or follow-up treatment, those expenses are recoverable as part of your economic damages in a Montana medical malpractice claim. Keep receipts and records for everything related to injury-related travel.

• Track mileage for every medical appointment, including local ones
• Keep receipts for fuel, parking, public transportation, meals, hotels, and airfare
• Note the purpose of each trip and the provider or facility you were visiting

Pro Tip: Use a simple spreadsheet or notes app to log travel expenses as they occur. It is far easier to record them in the moment than to reconstruct them months later from memory.

7. Document Any In-Home Care or Out-of-Pocket Assistance

If your injury has required you to hire help at home, whether for personal care, household tasks, childcare, or other support you could previously manage yourself, keep a record of it. These costs are part of the real-world impact of a medical injury and can form part of an economic damages claim.

• Keep receipts or records of payments to home health aides, caregivers, or cleaning services
• Note any informal help from family or friends that has replaced paid services you would otherwise have needed
• Document any medical equipment or home modifications required as a result of your injury

8. Gather Documents to Support Any Income or Business Loss

If your injury has affected your ability to work, whether temporarily or permanently, gather the documents that establish what you earned before and what you have lost. Lost income is one of the most significant economic damages recoverable in a Montana medical malpractice claim, and the stronger your documentation, the clearer that picture becomes.

• Pay stubs from before and after the injury
• Tax returns for five or more years prior to the injury where available
• Any written communications from your employer about missed work, reduced hours, or changes to your role
• If you are self-employed, gather business financial records, contracts, and invoices that demonstrate lost income

9. Gather Documents Related to Any Government Benefits

If you receive or have applied for government benefits as a result of your injury, make and keep copies of all applications and related documents. This includes Social Security Disability, Medicare, Medicaid, veterans benefits, or any other government assistance connected to your condition.

• Collect approval letters, benefit statements, and correspondence related to each program
• Note the date benefits began and the amount received
• Keep records of any applications that were denied and the reasons given

What Not to Do

Alongside the practical steps above, there are a few things worth being mindful of. None of these are meant to feel restrictive. They are simply patterns that can create unnecessary complications if you are not aware of them.

Do Not Post About Your Injury or Treatment on Social Media
Anything you post publicly about your health, activities, or daily life can be used by the opposing side in a legal claim. This includes photographs, check-ins, comments, and even posts made by others that tag or mention you. While your claim is active, treat social media as a liability.

Do Not Discuss the Details of Your Care With Others
It is natural to want to talk about what you have been through. But casual conversations about what happened, what you think went wrong, or what you plan to do can create complications later. Keep the details of your situation to yourself and your legal team.

Do Not Sign Anything Without Understanding What It Is
You may be asked to sign documents by your healthcare provider, insurer, or other parties after an injury. Some of these documents may contain language that limits your rights or releases liability. Do not sign anything you do not fully understand, and do not hesitate to ask an attorney to review a document before you sign.

Do Not Miss Ongoing Medical Appointments
If you have been advised to follow up with a provider, do it. Missing recommended appointments can be used to argue that you did not take your recovery seriously or that your injuries were not as severe as claimed. Follow your care plan and keep records of every appointment you attend.

Do Not Wait to Seek Legal Guidance
You do not need to have made any decision about pursuing a claim to speak with an attorney. An early conversation costs you nothing and can help you understand whether the steps you are taking are sufficient, whether your timeline is still open under Montana’s medical malpractice statute of limitations, and what a potential claim might involve.

The steps you take in the period immediately following a medical injury can make a significant difference to your options later. The sooner you begin, the better placed you will be.

Frequently Asked Questions

How do I request my medical records in Montana?
You have the right to request your medical records from any healthcare provider in Montana. Submit a written request directly to the provider’s medical records department. Most facilities have a request form available on their website or at the front desk. Providers are generally required to respond within 30 days. Some charge a reasonable copying fee. Always request your complete records, including all notes, imaging, lab results, and operative reports, not just a summary.

What is a MyChart account and why does it matter for my case?
MyChart is an online patient portal offered by many hospitals and health systems that gives you direct access to your medical records, test results, appointment notes, and care summaries. Setting up an account as soon as possible after a medical injury allows you to access and download records quickly, monitor new entries in real time, and flag any documentation that does not reflect what you were told or what occurred during your care.

What expenses can I recover in a Montana medical malpractice claim?
Economic damages in a Montana medical malpractice claim can include past and future medical expenses, lost income and reduced earning capacity, in-home care costs, travel expenses for treatment, and costs related to any government benefits affected by your injury. Non-economic damages, such as pain and suffering, are also recoverable but are subject to a cap under Montana law. Keeping thorough records of every expense and loss from the time of injury gives you the strongest foundation for recovering these damages.

Should I talk to a lawyer before I have all my records together?
Yes. You do not need to have gathered everything before speaking with an attorney. An early consultation can help you understand what records are most important, whether your timeline is still open under Montana’s statute of limitations, and what steps are worth prioritizing. A confidential consultation with our team carries no obligation and can give you clarity about where you stand before you have committed to anything.

What should I avoid doing after a medical injury?
Avoid posting about your injury or treatment on social media, as anything you share publicly can be used against you in a legal claim. Do not discuss the details of your care casually with others. Do not sign any documents from your provider or insurer without fully understanding them. Do not miss follow-up medical appointments. And do not wait to seek legal guidance. The earlier you understand your options, the more of them you are likely to have.