Buxbaum Daue PLLC

The Hidden Costs of Medical Malpractice: What Montana Victims Need to Know 

Striving for equality and protecting client interests through skilled representation

When most people think about the costs of medical malpractice, they picture hospital bills and maybe some time off work. But the reality for many victims is far more complex and far more lasting. Some injuries heal. Others require a lifetime of care, adjustments, and emotional recovery. 

In Montana, victims of medical negligence face unique challenges when it comes to understanding the full impact of what happened to them. Some of these costs are easy to document. Others are deeply personal and difficult to quantify, but no less real. 

This blog explores three types of hidden costs that often follow medical malpractice in Montana, and what you need to know if you’re trying to recover, rebuild, and seek fair compensation. 

1. Long-Term Medical Expenses

When someone experiences a medical injury due to negligence, the initial hospital bills are just the beginning. Many survivors are left with a long list of follow-up needs that stretch for months or even years. 

Ongoing Care Is Often Necessary 

Depending on the injury, a patient may need: 

  • Physical therapy 
  • Occupational therapy 
  • Speech-language therapy 
  • Follow-up surgeries or corrective procedures 
  • In-home nursing care 
  • Medical equipment such as wheelchairs, braces, lifts, or hospital beds 

Medications and Maintenance Care

Even when no surgery is needed, prescription medications may become part of daily life. Some patients also need specialized nutrition support, wound care, or regular lab testing for the rest of their lives. 

Pro Tip: Keep a folder or digital file of all prescriptions, therapy sessions, home care receipts, and equipment orders. These records can be used to calculate future expenses and build a stronger case for compensation. 

Montana Law Allows Recovery for These Costs

Unlike pain and suffering, there is no legal cap on the amount you can recover for economic damages in Montana. That includes past and future medical bills, supplies and other related out of pocket expenses as long as they are clearly documented and connected to the malpractice. 

2. Lost Earning Potential

Another hidden cost of medical malpractice is the loss of a career path that was once stable and promising. An injury that limits mobility, causes chronic pain, or impairs cognitive function can prevent a person from returning to the work they once did. 

It’s Not Just About Wages Today

Even if a patient is able to return to work in some form, they may need to: 

  • Switch to a lower-paying or part-time role 
  • Leave their career entirely and retrain in a different field 
  • Take long-term medical leave with reduced benefits 
  • Miss out on promotions, bonuses, or retirement contributions 

In many cases, the person impacted is a primary earner or has been working toward long-term financial goals, such as saving for college or retirement. A malpractice injury can disrupt decades of planning. 

Even if the patient was retired and receiving social security or pension benefits, in cases involving a death there can be loss of benefit claims for those years of lost benefits. 

Estimating Lost Future Earnings

Our legal team works with vocational experts and economic analysts to calculate: 

  • Loss of current income 
  • Reduced future earning capacity 
  • Value of missed career advancement 
  • Loss of employment benefits 
  • Lifetime economic loss 

These numbers are often larger than people expect, especially for younger clients or those in physically demanding jobs. 

Pro Tip: Save your pay stubs, tax returns, performance reviews, and any communication from your employer about changes to your role. This helps support your claim for lost earning potential. 

3. Emotional and Psychological Costs

Some of the most difficult outcomes of medical malpractice are not physical at all. Survivors often deal with anxiety, depression, post-traumatic stress, or a loss of identity related to how their life has changed. 

Common Emotional Struggles After Medical Harm 

  • Fear of future medical care 
  • Sleep disturbances or nightmares 
  • Withdrawal from relationships or activities 
  • Shame or frustration related to physical limitations 
  • Ongoing grief if the harm included loss of fertility or appearance changes 
  • Stress, worry and frustration experienced by a patient’s spouse or children that are caregivers is often unaddressed or hard to express in the ongoing needs of the situation 

This kind of suffering is real, and it deserves to be acknowledged in your claim. Unfortunately, Montana caps all non-economic damages, including emotional harm, at $300,000 total for all persons impacted. 

What Can Be Done About the Cap?

While this cap is limiting, there are ways to ensure your case still reflects the full impact of what you’ve experienced: 

  1. Fully document the emotional toll through mental health evaluations, therapist notes, journals, or statements from loved ones 
  2. Maximize your economic damages by carefully tracking every financial impact, from lost work to out-of-pocket care expenses 
  3. Work with legal and medical experts who understand how to frame your emotional suffering in a way that supports the value of your claim 

      Pro Tip: Keeping a daily or weekly journal of how your injury affects your mood, sleep, relationships, and ability to function can make a powerful difference when non-economic damages are capped.  Seek advice of legal counsel regarding professional mental health services and how best to enter these relationships. 

      Why These Hidden Costs Matter

      Many malpractice victims make the mistake of accepting a settlement offer that only covers their initial hospital bills and a small amount for pain and suffering. Without a full understanding of the long-term costs, they risk running out of resources just when they need them most. 

      Here’s why it pays to take a deeper look: 

      • Medical needs change over time. Complications may appear months or years later 
      • Mental health recovery takes time. Emotional pain may grow after the physical wounds have healed 
      • Career impacts can be permanent. Even a small limitation can prevent someone from returning to a previous job 
      • Insurance companies often overlook or downplay these costs. If you don’t name them, they are rarely offered 

      How Our Team Helps You See the Full Picture

      We know that no one wants to relive their trauma, and the idea of fighting for a bigger settlement can feel overwhelming. That’s why we take the time to: 

      • Get to know your story, not just your paperwork 
      • Consult with trusted medical and economic experts 
      • Build a clear, detailed case that includes all types of damages 
      • Help you feel informed and empowered at every step 

      We’re not just here to file paperwork. We’re here to make sure you’re seen, heard, and supported in seeking the compensation you need to move forward with dignity. 

      Bottom Line: You Deserve to Understand the Full Cost of What Happened

      Medical malpractice doesn’t just leave physical scars. It affects every part of life: your health, your work, your finances, and your sense of self. Many of those impacts are hard to put into words, let alone into numbers. But that doesn’t mean they don’t matter. 

      If you’ve experienced medical negligence in Montana, we’re here to help you understand the true cost of what happened and what can be done about it. 

      Start Your Case Evaluation Today

      If you’ve been harmed by medical negligence, you deserve clear answers — including an honest look at the long-term impact on your health, finances, and quality of life. Our team has the experience to guide you through your options and advocate for your full recovery. 

      Take the first step by filling out our intake form so we can help you understand whether your experience meets the legal standard for malpractice and what support may be available to help you move forward. 

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