Going through a medical malpractice case can be incredibly frustrating. If you’re reading this, you’ve likely experienced the aftermath of a medical complication and the last thing you need right now is to feel uncertain about what comes next. Whether it’s a surgical error, a misdiagnosis or something else, getting a solid understanding of what makes a strong case is the first step moving forward.
Medical malpractice cases in Montana have specific requirements that can be difficult to navigate without proper guidance. Many patients who have suffered harm find themselves wondering if they have a legitimate case and what to expect in the process. Understanding the key factors that determine success or failure can help you make informed decisions about your situation.
Let’s break down the 2 key factors you should understand before pursuing a medical malpractice case in Montana.
1. Proving Medical Negligence: It’s more than just a bad outcome
Proving medical negligence, or “malpractice,” requires more than just experiencing a bad outcome from medical care. It requires proving that the care given, or not given, was below accepted, national standards. This must be proven by a medically trained expert, or a team of experts, in the same field as the doctor or hospital involved in your care. This is why you need a lawyer to help evaluate and guide you in your case. We do this day in and day out at no charge to you.
Many people mistakenly believe that simply having a poor medical outcome automatically means malpractice occurred. Medicine isn’t an exact science, and not every undesired outcome results from negligence. What constitutes “below accepted standards” means showing that another reasonable doctor with similar training would have acted differently in your situation.
The standard of care can include properly diagnosing conditions, recommending appropriate treatments, performing procedures with adequate skill, providing necessary follow-up care, warning about significant risks, and referring to specialists when needed. Each medical specialty has its own standards, which is why having the right expert is crucial.
Remember that a difference of opinion between doctors doesn’t constitute malpractice. Medicine often involves judgment calls where reasonable professionals might disagree. Medical Negligence is care that falls clearly outside what would be considered reasonable by the medical community.
2. Proving Causation: What specific harm was caused
Proving that a doctor or hospital committed malpractice is just one part of a successful case. You must also prove “causation” – a clear, provable link that the doctor’s error caused the injury you’re now facing.
The reality is, you can’t prove causation on your own. It’s not enough for you to say, “I’m sure the doctor caused my injury.” The law says you must have a medical expert who can explain in straightforward terms how and why the doctor’s actions caused your injury. Other doctors who care for you are rarely, if ever, willing to testify about causation. Without proper causation testimony, your case will not be successful. This is why expert testimony is so important.
Causation can be particularly challenging in cases where the patient had underlying health issues. For example, if a patient with heart disease dies after a surgical error, the defense might argue that the heart condition—not the error—caused the death. Your expert must explain why the error, rather than natural disease progression, was responsible for the harm.
This requirement creates significant legal hurdles in cases involving delayed diagnosis, failure to prevent complications, birth injuries with other risk factors, or conditions with multiple causes. Even when a doctor made an obvious mistake, if that mistake can’t be directly connected to your specific injury, compensation may not be available under the law.
What Can You Do Right Now to Strengthen Your Case?
Here are a few practical steps you can take to give yourself the best shot at success:
- Keep thorough records: Everything—doctor visits, prescriptions, therapy sessions, and any communication with healthcare providers. Be sure to note how your injury affects your daily life, too. The more documentation you have, the easier it will be to back up your story when it matters most.
Document conversations with healthcare providers, changes in your condition, and impacts on your daily activities. Photos can provide valuable evidence for visible injuries. Keep a journal of pain levels, limitations, and emotional state, as these details can be forgotten over time but may prove crucial to your case.
Medical records sometimes contain errors, so reviewing them promptly helps identify discrepancies while events are fresh in everyone’s mind. If you notice inaccuracies, request corrections through proper channels and document your request.
- Follow your doctor’s advice: If you’re considering a malpractice claim it may seem illogical to follow your doctor’s advice, but if the doctor tells you to get a second opinion or follow up with a specialist, do it. Skipping recommended care can be used against you by arguing that you didn’t take the necessary steps to improve your situation. Follow your instincts, but be aware that not following a doctor’s advice, called “non-compliance,” can be fatal to your case.
If you’re uncomfortable returning to the provider who caused your injury, seeking a second opinion or transferring to a different provider is appropriate and won’t harm your case. Just make sure you continue receiving necessary care.
- Don’t wait to act: Montana has strict deadlines for filing medical malpractice claims. If you miss that window, you will lose your right to file a legal claim. Contact an attorney as soon as possible to make sure your case is filed on time. Most medical negligence cases have a two-year window in which to bring your claim. Consulting a legal expert early can clarify your specific statute of limitations.
Beyond legal deadlines, there are practical reasons to act promptly. Medical records may become harder to obtain over time, witnesses’ memories fade, and evidence can be lost. The sooner you begin, the stronger your case is likely to be.
The Reality of Medical Malpractice Cases
Medical malpractice cases are among the most complex in civil law. They typically take longer to resolve than other personal injury cases and require significant expense and resources. Not every poor outcome warrants a case, and not every valid case is financially viable to pursue given the high costs of litigation and expert testimony.
When these cases are successful, they can provide compensation for medical bills, lost income, future care needs, and impacts on quality of life. Successful cases may also lead to changes in medical protocols and/or hospital policies that help prevent similar injuries to future patients.
Bottom Line: You Deserve Answers
If you’ve been harmed by what you suspect is medical negligence, you deserve to know whether you have a viable case. Our team has the expertise to evaluate your situation and give you an honest assessment of your options.
Take the first step by filling out our intake form so we can help you determine if you have a case worth fighting for.
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