Filing a medical malpractice claim can feel like a huge step forward after the shock and frustration of being harmed by medical care. It is the moment many patients first feel like their voice might be heard.
But after the initial paperwork is filed, it is common to feel like everything slows down. Weeks or months can pass without dramatic updates. This can feel unsettling if you do not know what to expect.
Understanding what happens after you file a medical malpractice claim in Montana can bring clarity and peace of mind. The process takes time, but every stage exists for a reason and plays a role in protecting your right to fair compensation.
Step 1: Montana’s Mandatory Screening Panel
Montana has a unique requirement for some medical malpractice cases: they must first go through a screening panel before moving toward district court filing and ultimately a trial unless they involve certain types of healthcare such as IHS, VA or public health clinics. This step can catch patients by surprise, but it is required by law.
What the screening panel is:
- A group of medical and legal professionals who review the details of your claim and hear testimony from the healthcare provider(s) and you about what has happened to cause you injury.
- Their role is to determine whether there appears to be enough evidence that the standard of care was not met (medical negligence/malpractice occurred) and that you were injured thereby.
- Both your attorney and the healthcare provider submit evidence for the panel to consider. This includes obtaining the medical records reflecting all the care you have received related to your claims.
What you need to know:
- The panel does not make the final decision. Even if the panel rules against you, you can still file your case in district court and proceed.
- It adds time to the process. Preparing for this screening panel often takes several months because medical records must be gathered and sometimes expert reviews are submitted.
- It can influence settlement discussions. A positive panel opinion can encourage the healthcare provider or their insurance company to negotiate sooner but it has no actual authority to mandate settlement.
Typical timeline:
In Montana, it often takes 3 to 6 months from filing to complete the screening panel process. Complex cases, or cases involving multiple providers, may take longer because gathering the necessary medical documentation can be slow and scheduling multiple professionals on a given day is difficult.
Pro Tip: While waiting for the panel review, start keeping a timeline of all your medical appointments and treatments. Keep a spreadsheet of your expenses related to medical care such as travel, deductibles, co-pays and any other out-of-pocket expenses. This can help your legal team stay organized and support your case later.
Step 2: Gathering the Evidence
While your case is moving toward or through the screening panel, your legal team will be collecting and organizing evidence. Medical malpractice cases require more preparation than almost any other type of personal injury case because proving negligence is rarely simple.
Key evidence-gathering steps include:
1. Collecting Medical Records
Your attorneys must obtain every record connected to your care, including:
- Hospital records
- Clinic and physician notes
- Diagnostic imaging and lab results
- Prescription histories and discharge instructions
Even straightforward requests can take weeks or months to fulfill, especially if multiple providers or out-of-state facilities are involved.
2. Expert Review and Analysis
Montana law requires that a qualified medical expert review and be willing to testify in your case once it moves beyond the screening panel phase. This expert must:
- Practice in the same or similar specialty as the provider in question
- Confirm that your care fell below the accepted standard of care
- Explain how that failure caused your injury
Finding the right expert takes time, and their review must be thorough. This step is essential because no case can move forward without expert support.
3. Documenting Your Life Changes
Beyond medical facts, your case must show how the injury affects your daily life. Your attorney may help you gather:
- Pay stubs or employer statements for lost wages
- Medical bills and out-of-pocket expenses
- Therapy or rehabilitation notes
- Photos of injuries or medical equipment
- Journals documenting pain, mobility struggles, or emotional distress
Pro Tip: Write down how your injury impacts your day-to-day life in real time. Small details are easy to forget but can be very important when showing the true effects of medical negligence.
The more thorough your documentation, the clearer your case becomes.
Step 3: Why Patience Truly Pays Off
It is natural to want quick answers, but the reality is that medical malpractice cases are marathons, not sprints.
A typical case in Montana can take two to three years from filing to resolution. Some may take longer if:
- There are multiple providers or hospitals involved
- Your injury is still evolving
- Expert reviews are complex
- The case proceeds to trial instead of settling
Waiting can be frustrating, but there are good reasons to be patient:
- Thorough evidence strengthens your case. Rushing can leave gaps that the defense may exploit.
- Your future needs become clearer over time. Permanent limitations or the full cost of ongoing care often take months to fully understand.
- Insurers respect well-prepared cases. When a case is built carefully, the other side knows you are serious and may be more willing to offer fair compensation.
Pro Tip: Focus on your recovery while your legal team manages the case. Keeping your follow-up appointments and completing therapy or treatment not only supports your health but also strengthens your claim. Your goal should be to maximize your physical and emotional recovery and regain as much of your health as you can. Your legal team will manage your case.
Step 4: Moving Toward Resolution
Once the screening panel has reviewed the case, offered their determination and evidence has been gathered, your attorney will discuss next steps:
- Settlement negotiations may begin if the defense recognizes the strength of your case early.
- Filing in court moves the case into the litigation phase if a fair agreement cannot be reached.
Even after a lawsuit is filed, there are multiple stages—discovery, depositions, and potential mediation—that all take time. Patience during this process often leads to stronger results.
Bottom Line: Understanding the Process Helps You Stay in Control
Filing your claim is only the first step in a careful, deliberate process designed to protect your rights. From the screening panel to evidence gathering to the long wait for resolution, each stage plays an important role.
Knowing what to expect—and why it takes time—can help you stay grounded and focused on your recovery while your legal team handles the details.
Start Your Case Evaluation Today
If you believe you were harmed by medical negligence, you deserve clear answers about what comes next. Our team can walk you through Montana’s process, explain your options, and help you understand what to expect at every stage.
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.
